The moment you are involved in a road traffic accident within or outside the province of Québec, you are entitled to benefits whether you were walking, driving a vehicle, or riding a bicycle. The following paragraphs outline the steps you must follow in order to claim and receive compensation.
Indemnisation accident de la route
The Société de l’assurance automobile du Québec (SAAQ) charges insurance premiums to Québec’s motorists and redistributes them in the form of benefits paid to individuals involved in road traffic accidents.
As of 2020, the maximum amount (lump sum) the SAAQ can pay to an injured individual is 256 383$. To obtain such extensive compensation, the victim must be in an extremely critical state (such as a vegetative coma). Benefits are calculated on account of several factors and vary according to a wide array of aftereffects which are classified according to they severity.
The SAAQ also takes charge of other expenses such as personal care and medical treatment. It may cover up to ninety percent (90%) of the victim’s salary and wages – which may prove detrimental to self-employed individuals.
The victims
The SAAQ covers any and all individuals who suffer physical or mental injuries on account of an accident caused by a motor vehicle (car, truck, bus, etc.) within or outside the province of Québec. The victim’s dependants and next of kin may also be indemnified under certain conditions.
Accidents involving an « off-road » means of transportation (such as an ATV) will not be considered by the SAAQ, as they do not originate from a motor vehicle.
As the SAAQ often reaches unfair conclusions, several victims do not receive all the benefits they deserve. Retaining the services of an attorney specialized in cases involving the SAAQ may help you navigate the process and maximize your chances of success.
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What to do following a road-traffic accident?
First and foremost, meet with a physician in order to discuss symptoms, document all bodily injuries, and determine what kind our treatment you need. Always keep in mind that the SAAQ will require access to your medical records and other documents.
When it comes time to submit an application to the SAAQ, you will also have to file the following:
- Initial medical assessment
- Evidence of the accident (such as an incident or police report)
- Supporting documents (such as invoices and receipts)
The victim who finds themselves unable to work seven (7) days after the accident took place will also have to provide documentary evidence to that effect.
A claim can either be filed online or by completing certain forms. An attorney specialized in cases involving the SAAQ may also file it on your behalf, hence increasing your chances of approval.
Benefits paid by the SAAQ
Income replacement
The victim who is unable to go back to work on account of a road traffic accident should be paid benefits corresponding to ninety percent (90%) of their gross annual income (which cannot exceed 78 500$). How long income replacement benefits will be paid usually depends on how old the victim is.
Victims in school
Whenever a victim is unable to go back to school, the SAAQ covers the cost of the wasted school year (grade or high school) or college semester. The benefits may range from 5479 $ to 20 108 $ per year, depending on the level of studies.
Personal care
The victim who must take care of a disabled individual or of a child younger than 16 can claim benefits accordingly, provided that:
- They were already taking care of the disabled individual or child at the moment the road traffic accident occurred; and
- They have become unable to take care of the disabled individual or child following the road traffic accident.
Benefits can range from 457$ to 624$ per month, depending on how many dependants the victim must take care of.
Compensation for aftereffects
Benefits may be paid to the victim of a road traffic accident who suffers from physical, psychological, or cosmetic aftereffects which are likely to impact them for the rest of their life.
As it must base its assessment on the severity of the victim’s injuries, the SAAQ relies on an index known as the Répertoire des séquelles permanentes d’ordre fonctionnel ou esthétique.
The SAAQ’s official website contains several documents relating to the laws and regulations that govern highway safety in the province of Québec.
Should you ever be involved in a road traffic accident, we strongly recommend that you consult an experienced attorney who will be able to help you navigate the claim and compensation process. As such, keep in mind that Accident solution has been supporting and representing injured clients for several years.
