In this article, Accident Solution explains what you need to know about the SAAQ and the automobile insurance system in Canada.
What is car insurance?
Car insurance is a mandatory coverage that protects you from financial or bodily losses due to any potential car accident. In the event that you are responsible for an accident that causes bodily injury to a person or their car, car insurance protects you and can even save you from paying for repairs, depending on the coverage you have.
A car insurance policy, like any other insurance policy, requires the payment of premiums in order to remain active and to be able to use it in case of need. This insurance policy is tied to the car and must represent all potential drivers. In Canada, car insurance is divided into public and private insurance:
- Public auto insurance: the vehicle is insured by a government company that also insures other people who own cars in the same province. You may decide to purchase private insurance to improve your coverage.
- Private car insurance: private, mutual or listed insurance companies offer different types of coverage that anyone can decide to take out.
What is the SAAQ?
The Société de l’assurance automobile du Québec (SAAQ) is a government agency under the authority of the Minister of Transport. This plan serves to protect all Quebecers against risks incurred by the use of the road such as injuries, damages or death following an accident. In addition, the SAAQ sets insurance premiums and promotes road safety while carrying out prevention activities.
Is auto insurance mandatory in Quebec?
In Canada, automobile insurance is mandatory for all drivers. This sector is monitored by the various provincial governments to verify the assessment of risks and the determination of premiums by insurance companies, but also for the purpose of processing claims.
The car insurance policy is tied to the car, but must represent all drivers. So, if a person is licensed but does not have a car of their own and is driving someone else’s car, they will need to be adjourned as a driver on that car’s policy to ensure they are protected.
What is the role of car insurance?
In Canada, there are several different auto insurance plans available, and they vary by province. Car insurance is mandatory in all provinces but the levels of protection and coverage vary.
Mandatory coverage
The various provinces and territories in Canada require that each driver carry mandatory coverage:
- Liability insurance is used to cover certain losses, such as bodily injury or death caused by your vehicle. If you are sued for damages, this insurance does not cover the cost of repairs. Also, if the cost of damages exceeds the limit of your liability insurance, you are responsible for paying the difference.
- Accident or injury benefits are used to cover medical expenses if you are involved in a motor vehicle accident. This injury coverage is automatic in Quebec, regardless of who caused the accident.
- Direct compensation covers damage to your vehicle if you are not at fault for the accident.
- Uninsured motorist coverage provides coverage for medical expenses and damages if the at-fault driver is uninsured.
Additional or optional coverage
You can enjoy additional benefits with your car insurance:
- Collision insurance covers the cost of repairing the car if it is hit by another vehicle or other object. This option can be part of your mandatory auto insurance.
- Comprehensive insurance covers the cost of repairing the car in the event of damage other than a collision, such as vandalism or theft.
- Specified perils is an option to protect you against hazards such as flood, hail, fire, etc.
- Collision and upset coverage
- All-risk guarantee
- And so on.
In any case, we advise you to check with your insurance company to understand what coverage you have.
Consequences of a road traffic accident on the victim
5 things to know about the SAAQ
The SAAQ is responsible for road safety
The public system of the Société de l’assurance automobile du Québec performs many tasks in order to guarantee road safety for all drivers:
- To guarantee non-discriminatory coverage to any victim of a road accident by insuring bodily injuries caused;
- To regulate driver’s licences and licence plates for road vehicles in Quebec;
- Educate drivers to ensure safety on the road;
- Insure the various road users according to the Quebec Automobile Insurance Act.
How to obtain compensation from the SAAQ
People covered by the SAAQ
Anyone who has been involved in a car accident is entitled to coverage by the SAAQ:
- Drivers
- Passengers
- Motorcyclists
- Cyclists
- Pedestrians
Moreover, even tourists are covered, which is why the SAAQ’s benefits are said to be universal. However, this depends on the responsibility of the individuals in the road accident in question. There is an important control on the indemnities, from which inappropriate decisions are often made.
This is why it is important to prepare your file beforehand and to consult an SAAQ lawyer. You must respect a maximum delay of 3 years from the date of the road accident or the appearance of the injury to file a claim with the SAAQ.
Benefits paid by the SAAQ
There are several types of benefits available to car accident victims:
- Income replacement benefits protect the injured person from the eighth day of being unable to work. It covers 90% of lost net wages, up to a maximum of $83,000 per year.
- Compensation for permanent bodily injury is paid for the victim of an automobile accident whose damages have impacted his or her daily life (reduced quality of life, injuries, physical pain and suffering, loss of enjoyment, etc.).
- Death benefit is paid to the family of a victim of a traffic accident resulting in death.
- Personal assistance allowances for road traffic accident victims who can no longer meet their own physical, psychological or domestic needs.
- Compensation for the costs of a road accident covers medical, paramedical, travel and other expenses.
Make a claim with the SAAQ
If you are the victim of a road accident, we advise you to call the police and seek the help of a physician in case of any injury or discomfort. It is also important to notify the SAAQ who will send you a claim. This claim will allow you to receive the appropriate insurance premiums according to the coverage you have.
Your doctor will have to fill out the medical report from the Société de l’Assurance Automobile du Québec. In addition, you will have to provide the SAAQ with various identification documents of the people involved in the accident as well as the vehicles involved. It is therefore important to keep copies of documents and communications to support your claim.
Challenge a decision of the SAAQ
If you are dissatisfied with the decision made by the SAAQ, you have the right to contest it. This contestation must be written in the form of a request for review of the decision and sent within 60 days. To ensure that your appeal is taken into consideration, it is important to act quickly and prepare a relevant file.
Evidence is needed to support your case, including expert and medical reports. In addition, the SAAQ may ask you to provide certain documents regarding the vehicles and drivers involved in the accident, testimonials and other details that vary depending on the type of accident.
After 90 days without a response from the reviewer, you can go to the Tribunal administratif du Québec to assert your rights. We recommend that you seek the assistance of an SAAQ lawyer to ensure that you prepare a good case when contesting the SAAQ’s decision.
Challenging a ruling made by the SAAQ
How long does it take to insure a car?
Every owner of a vehicle that travels in Quebec is required to have a civil liability insurance policy. This insurance policy guarantees that you will receive compensation in the event of material damage caused by your vehicle.
What you need to know is that every vehicle must be insured from the moment it is ready to be driven. Even when you bring your car from the place of sale to your home after a new purchase, it must be insured. Generally speaking, the seller insures the vehicle until it becomes your property.
SAAQ legal assistance
The decisions to be made following a car accident can be very delicate, hence the need to get help from a lawyer specialized in SAAQ. In the event of any material or bodily injury, you should know that you may be covered and receive compensation. However, the Automobile Insurance Act can be difficult to understand, and you may not be aware of your rights.
Before filing a claim with the SAAQ, it is important to understand the situation in which you find yourself in and the legal implications of the automobile accident. Don’t hesitate to contact one of our SAAQ lawyers to help you prepare a pertinent file in order to guarantee a favorable response.
At Accident Solution, we are aware of the importance of the after-effects caused by an automobile accident. Our team is ready to accompany you throughout the compensation process. Whether it is immediately following an accident or to contest the SAAQ’s decision, our lawyers are at your disposal.
