SAAQ LAWYER / Road Accident Lawyer
Are you the victim of a road accident and need to defend yourself against the SAAQ?
The question that most Quebecers ask themselves after a car accident is: what to do? The answer is simple, consult a lawyer specializing in SAAQ.
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ROAD TRAFFIC ACCIDENT
What to do in case of a road traffic accident?
Should you ever require the assistance of an attorney in a case involving the Société de l’assurance automobile du Québec, make sure to follow the steps listed below:
- Contact the police immediately;
- Consult your personal physician (or any other doctor) as soon as possible, making sure to point out any and all injuries, discomfort or pain;
- Call the SAAQ. The agency will send you a claim form;
- Ask your physician (or any other doctor) to fill out the « medical report » section of the claim form issued by the SAAQ;
- Make sure you follow up with your physician regularly. If need be, do not hesitate to consult experts;
- Obtain legal advice on your rights and obligations;
- Do not miss any deadline when it comes to filing forms and/or reports;
- Request a copy of your medical records;
- Keep a copy of all relevant documents and communications.
Why so many formalities – especially in the case of a minor accident? Because no matter how skilled and experienced your attorney is, they will want to rely on as much credible information as possible.
Too many people tend to minimize the pain, material damages, and emotional distress they have incurred since a road traffic accident. Yet, better safe than sorry. Your attorney will only work better and faster if you abide by all relevant deadlines and provide all necessary documents and medical exams.
SAAQ coverage
The SAAQ covers citizens of Québec who are involved in a traffic-related accident (within or outside the province) and incur bodily injuries and/or property damage on account of such an accident. Dependants and their next of kin might also be covered under certain terms and conditions. As the rules set forth in the Automobile Insurance Act are numerous and complex, it is crucial that the facts of your case (as well as their legal impact) be clearly assessed and understood before any claim is filed with the SAAQ.
Never hesitate to request the support of a specialized attorney if you believe you are entitled to compensation under the Law.
Being unfairly compensated for your injuries, pain, and suffering should never be an option.
COMPENSATION BY THE SAAQ
Benefits
You might be entitled to any of the five (5) categories of benefits the SAAQ is required to pay under the Law:
- Compensation for loss of income;
- Compensation for permanent bodily injuries;
- Allowances for personal support;
- Fees and costs associated with the physical adaptation of the home or motor vehicle of a handicapped person;
- Compensation for physical pain, emotional distress, and loss of enjoyment of life.
As the list above only summarizes the instances where the SAAQ might offer compensation, we recommend that you consult a specialized attorney for any further enquiry or concerns.
Compensation for loss of income, which covers ninety percent (90%) of net salary and wages, starts on the eighth (8th) day on which an injured worker is unable to work.
In the event where the injured individual was able to demonstrate that they could have occupied a better paying position had it not been for the accident, they will be entitled to compensation of the gross income they would have earned from that better paying job.
Always make sure that the salary and wages you intend to use as a base of calculation are accurate. Do not think that a « tiny mistake » will have no impact on your quality of life. The slightest miscalculation, since it will remain year after year, is likely to translate into a substantial loss in the end. Once again, consult an expert on any matter pertaining to financial compensation by the SAAQ.
Compensation for permanent bodily injuries is paid as a series of lump sum indemnities which are listed and quantified within a settlement document.
Allowances for personal support are paid whenever the victim of a road traffic accident is no longer able to fulfill their bodily and/or household needs. One must pay close attention to this item of compensation, as it is seldom mentioned by agents of the Société de l’assurance automobile du Québec.
Fees and costs associated with the physical adaptation of the home or motor vehicle of a handicapped person, as they are meant to provide handicapped victims with a decent quality of life, are readily disbursed by the SAAQ.
Last but not least, the SAAQ must compensate the physical pain, emotional distress, and/or loss of enjoyment of life suffered by the victim of a road traffic accident.
Protégez vos droits en cas d’accident de travail ou de maladie professionnelle
How do I file convincing
challenge proceedings?
« Experience » and « Thoroughness » are the cornerstones of any successful filing of proceedings with the SAAQ.
As previously mentioned, chances are you will need to have a physician fill out a series of medical forms. Once such a formality is satisfied, we recommend that you get in touch with a specialized attorney who will be able to identify the specific requirements (and potential weak spots) of your case.
Delays you must keep an eye on
Every single ruling made by the SAAQ is subject to challenge on the part of the victim of the accident – insofar as that the delay mentioned in said decision is respected. Idleness is your enemy, as several delays (applicable to specific situations) are set forth in the Automobile Insurance Act and missing one might translate into your application for review being rejected.
Should you ever file proceedings past the stipulated deadline, you will be asked to explain why you did not act sooner.
Unsure of your case’s status or of the options at your disposal? Consult one of our experts!
Do not get tangled up in the jargon – consult a specialized attorney.
Words such as « recurrence », « relapse », and « worsening », as they are used throughout the Automobile Insurance Act, refer to the deterioration of an injury already recognized and documented by the SAAQ.
Worsening occurs whenever an injury due to a road traffic accident evolves in a way that compromises other parts of the body. For instance, a dislocated shoulder may eventually cause surrounding muscles and ligaments to deteriorate.
Recurrence comes into play when an injury due to a road traffic accident, although it has healed or settled, reappears over time.
A relapse is observed whenever an injury due to a road traffic accident extends to another part of the body – if not to the victim’s overall mental health. For instance, an injured ankle which eventually causes back pain would qualify as a relapse, as would a depression or an anxiety disorder.
DOSSIER AVOCAT ACCIDENT DE LA ROUTE À LA SAAQ
Your options
Whether you are looking for a seasoned attorney or an expert specialized in SAAQ matters and proceedings, Accident Solution is at your disposal.
By definition, the SAAQ delivers driver’s licenses and registration certificates, publishes rules and standards pertaining to traffic safety, the transportation of goods, and the physical adaptation of motor vehicles, and manages administrative cases in which road traffic accidents are in issue.
Most problems encountered while navigating an SAAQ case have to do with the sluggish pace (or improper handling) of proceedings and the amount of compensation received by the victim. Given the size, complexity, and reach of the SAAQ, one must clearly understand how it operates before filing a claim or an application for review.
What better way to obtain such information than by consulting a seasoned professional?
As most proceedings are complex, demanding, and littered with documentary requirements, your attorney or consultant will, first and foremost, ask you to collect all the information, data, and documents you have in your possession.
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Please visit our website in order to learn more about our services – and the multiple situations in which you could find yourself in need of advice and support.
As we understand (and frequently deal with) emergencies, we take great pride in responding to all phone calls and e-mails in a timely fashion. So feel free to request a free consultation at any given time.
Cet article vous donne un aperçu général des processus d’indemnisation auprès de la SAAQ et ne peut en aucun cas constituer un avis juridique. Nous vous conseillons fortement de consulter un de nos avocats experts en traitement de dossiers la Société d’assurance automobile du Québec pour toute question précise relative à votre dossier.
Nous nous faisons un devoir de répondre à tous nos courriels et à chacun de nos appels dans les plus brefs délais.
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Protégez vos droits en cas d’accident de travail ou de maladie professionnelle
