considering that functional and psychological aftereffects may occur long after the event took place. Although any victim of a road traffic accident can file a claim with the Société de l’assurance automobile du Québec (SAAQ), the process is demanding and tedious when it comes to building a well-documented case revolving around the extent of the individual’s limitations.
Unfortunately, many victims must not only battle their insurance company in order to receive the disability benefits they are entitled to, but also go against the SAAQ so they are compensated under the law – which might explain why several clients have retained our services over the years.
What is a road traffic accident?
A road traffic accident (also known as a « car accident ») is an event which (i) involves at least one (1) motor vehicle (car, truck, motorcycle, etc.) and at least one (1) victim, (ii) occurs on a public road, and (iii) causes physical, psychological, or material harm. There exists three (3) categories of road traffic accidents :
- Solo collision: one vehicle and a physical obstacle
- Simple collision: two or three vehicles (whether or not an obstacle is present)
- Multiple collisions: four vehicles or more
Consequences of a road traffic accident on the victim
Even if you survive it and move on with your life, no road traffic accident will ever seem trivial. Extending beyond physical health, the consequences of such an event often impact other aspects of one’s daily routine such as employment and income. In many cases, the victim must learn to not only live with pain, but also accept physical and psychological limitations.
Physical harm covers all the injuries the human body can sustain (whether it be from a physiological or cosmetic standpoint). The physical constraints stemming from a road traffic accident usually reach their worst within twelve (12) months of the event, whereas psychological consequences are less obvious, can persist over a long period of time, and are likely to bring dysfunction into one’s everyday life.
Whether the road traffic accident occurs in or outside of Québec, the SAAQ pays the victim (and, under certain terms and conditions, their next of kin) a financial compensation aimed at alleviating the temporary and permanent consequences of the event.
Benefits paid by the SAAQ
Although any individual involved in a road traffic accident (including the driver) is entitled to compensation, the SAAQ is sometimes said to act unfairly in that respect. In fact, several victims are denied sufficient benefits each year as the SAAQ applies stringent (and somehow inappropriate) criteria. In such a context, we strongly recommend that you entrust the management of your claim to an attorney specialized in cases involving the SAAQ.
Les indemnités offertes par la SAAQ
The most common benefits the SAAQ pays to victims of a car accident are described below.
- Compensation for loss of income: Compensation for loss of income is paid to the victim who loses income on account of the accident they were involved in. In practice, ninety percent (90%) of the individual’s net salary and wages will be paid, starting on the eighth (8th) day on which they are unable to perform their usual duties.
- Compensation for permanent bodily injuries: The SAAQ compensates inconveniences (such as pain, moral suffering, and loss of enjoyment of life) by means of a lump sum whose amount will vary according to the severity of the injuries and the impact they have on the victim.
- Reimbursement of costs: Allowances for personal assistance (such as the ones listed below) will be paid to a victim who has become unable to fulfill their physical and domestic needs:
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- Childcare expenses incurred by a victim who is responsible for one or more children younger than 16;
- In-home personal assistance;
- Physical and psychological treatments prescribed by a physician;
- Medication;
- Adaptation of a handicapped person’s home or motor vehicle;
- Following a hit-and-run, the SAAQ could compensate the victim for the material damage sustained by their vehicle.
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Challeging a ruling made by the SAAQ
Know that you have the right to challenge any ruling made by the SAAQ, as the latter sometimes reaches unfair conclusions. First and foremost, you must file an application for review within sixty (60) days of receipt of the decision. Very few applications will be accepted once the delay has expired.
To ensure that your application will be received, include relevant and credible pieces of evidence such as medical and expert reports. Once put together, your case must be sent to the SAAQ’s administrative review department – who might take weeks or even months to examine it and issue a decision. Once again, we strongly recommend that you retain the services of an attorney specialized in cases involving the SAAQ.
Remember that a reviewer may require you to provide additional documents or to undergo another medical assessment. Should the review department fail to issue a decision within ninety (90) days, you may bring the case before the Tribunal administratif du Québec. As the latter’s rulings are final, definite, and unappealable, you must make sure to submit ironclad proceedings and evidence.
An attorney can help you prepare and file your claim
Whether you are filing a claim or an application for review following a road traffic accident, the case you submit to the SAAQ must be bulletproof. The proper management of any case revolving around a claim or a review requires time, patience, and in-depth knowledge of the Law.
As a law firm specialized in cases involving the SAAQ, Accident Solution can assist you at each and every stage of a claim or application for review. In fact, we were ranked among the top three (3) law firms specialized in SAAQ, CNESST, and IVAC litigation in 2020. Customized service, competence, and diligence are the values that allowed us to develop long-lasting relationships with our clients.
