1. What are the rights of passengers and spouses that are passengers in your vehicle?

Do you know that a passenger can sue the driver in a single vehicle accident? Liability is not dependant on being a pedestrian or being in a separate vehicle. Another little-known fact is that a spouse who is a passenger can sue the spouse who is the driver. The fact of marriage does not bar a liability claim. The driver's insurance then has to cover the injury claim of the passenger. If the passenger is the owner of the vehicle, different considerations will apply because then the passenger would be making a claim against himself or herself because he or she is also liable for damages as the owner of the vehicle. In a case like this it is important to have your lawyer review your individual circumstances to determine whether there is any coverage.

2. Am I required to wear a seatbelt? What responsibility do I have for any children in the vehicle?

You are required to wear seatbelts to take care of your own safety. You are also responsible for ensuring that any children in the vehicle are wearing seatbelts. This is so even if the passengers are not your children and even if the parents are present and don't care whether or not the children wear seatbelts. In law the driver is responsible for any injuries suffered by any children who are passengers who are not wearing seat belts and can be sued for breach of that responsibility.

3. What are Limitation Periods?

In Alberta, as in most jurisdictions, there are time periods within which certain matters must be attended to in a motor vehicle accident. If a claim is not properly handled, your rights to sue and make an injury claim may be lost forever. The list provided is not exhaustive but does show that someone who intends to put in a claim must have their lawyer file a Statement of Claim within a specific period of time:

1. The general rule is that all claims arising out of motor vehicle accidents must be commenced by issuing a Statement of Claim at the Court of Queen's Bench nearest to where the accident occurred, within two years of the date of the accident.
2. If you have a claim against a municipality for non-repair of roads, written notice must be given to the municipality within 30 days of the accident, and a Statement of Claim must be issued at the Court of Queen's Bench nearest to where the accident occurred, within 2 years of the accident.
3. If you have a claim against a doctor or chiropractor for negligent treatment, a Statement of Claim must be issued at the Court of Queen's Bench nearest to where the treatment occurred, within one year from the date when the professional services terminated in respect of the matter that is the subject of the complaint.
4. If you have a claim against a hospital, a Statement of Claim must be issued at the Court of Queen's Bench nearest to where the treatment or incident occurred, within one year from the time the cause of action arose.
5. If you have a claim for a slip and fall accident, a Statement of Claim must be issued at the Court of Queen's Bench nearest to where the accident occurred within two years of the accident.

4. What happens if a Statement of Claim is not issued within the limitation period?

Usually if a Statement of Claim is not issued within the proper period of time the claim is lost forever. Sometimes a lawyer may be able to negotiate a settlement if there is evidence that the insurance company for the "at fault" driver may have misled the claimant about the true state of facts and about the necessity of getting a lawyer involved. Such arguments are tenuous, however, and should not be relied upon if at all possible. Getting a lawyer involved after a limitation period has expired can be difficult and most lawyers will not take such a claim unless their percentage fee is increased or they are paid on an hourly rate. The circumstances surrounding the reason for the missed limitation period must be examined very carefully in assessing whether any claim can still be maintained.

5. I was involved in a hit-and-run accident. I don't know the name of the driver or owner of the vehicle that hit me and I don't have their insurance information.

If you are involved in a hit-and-run accident and do not know the name of the driver or owner of the vehicle at fault, all is not lost. Under the Motor Vehicle Accident Claims Act, a fund is kept to pay out injury claims arising out of hit-and-run accidents. You do have an obligation to try to ascertain the identity of the owner or driver before you can make a claim for injuries against the fund. If you didn't know you were injured at the time of the accident because the injuries did not show up until some time later, and you did not keep any information about the driver or owner of the vehicle at fault, you may have difficulty convincing the court that you acted reasonably and your claim may be denied. For this reason, even if you do not yet know if you have suffered any injuries, always take down the name and particulars of the driver and owner of the vehicle at fault (including plate numbers). Proper notice to the Administrator of the fund must be given under the Act within 90 days of the accident.

6. Uninsured Motor Vehicles: What are your rights if the vehicle that hit you has no insurance?

Under the Motor Vehicle Accident Claims Act you can still put in an injury claim and get paid out of the General Revenue Fund even if the "at fault" driver who hit you had no insurance. The fund is then subrogated to your rights and goes after the driver of the vehicle at fault to collect back their money. This applies whether the driver of the vehicle at fault had no insurance or whether the driver breached his/her insurance (i.e. by driving when s/he was impaired). The "at fault" driver will then have to reimburse the fund the amount paid out.

7. Can I protect myself against being severely injured by a person with no or limited insurance?

To protect yourself against the possibility that you are severely injured and the "at fault" driver does not carry sufficient insurance you can buy your own insurance with a Family Protection rider. The standard amount of liability coverage you are required to purchase on your vehicle in Alberta is $200,000. This is the maximum amount that the insurance company will have to pay should you injure someone as a result of your negligent driving. What if you are hit by a drunk driver and are rendered a quadriplegic? The $200,000 minimum will not be adequate for your injuries. For that reason it is important to purchase extra insurance that insures you from the risk of being seriously injured by a driver who does not carry more than the standard $200,000 liability insurance. If you are injured and your injury is worth more than the combined value of the insurance carried by the driver at fault and his/her eligible assets, you can make a claim against your own insurer to pay the difference between the amount available from the driver at fault and the amount of your damages.

8. What is an IME?

An IME is an acronym for "Independent Medical Examination." Insurance companies sometimes have the right to request you attend an IME. When they do, they select the physician or physicians you will see. They usually send the injured party to the medical professionals with whom they have a good working relationship. The medical professionals usually try to be fair and independent in their assessment. However, there are some who are not "fair and independent." They may have a subconscious bias against persons claiming to be injured by motor vehicle accidents. It is usually much better if you have retained a lawyer prior to agreeing to go to an IME. The lawyer can then provide guidance on whether you should attend the IME and provide input into the selection of the medical professional you see. A negative IME will always be "on the record" no matter what the insurance company states. It is much harder to overcome a negative IME after the fact. If you have been requested to go for an IME you should discuss the matter with a lawyer prior to agreeing to attend.