If an impaired driver crashed into you, Alberta law puts you in the driver’s seat. You have the right to sue for damages—and not just for the obvious costs.
Pain and suffering, lost wages, and the full scope of what you’ve lost get real attention. The Minor Injury Regulation caps some payouts, but serious injuries like brain or spinal trauma go above and beyond. Insurance pays, even if the other driver vanished or had no coverage. An experienced Edmonton drunk driving accident lawyer can help you navigate these complexities and fight for the compensation you deserve.
If you want tailored advice right now, call MNH Injury Lawyers at (888) 664-5298.
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What You Can Claim After an Impaired Driving Crash
Pain and Suffering: When the Cap Applies—and When It Doesn’t
Alberta’s Minor Injury Regulation (MIR) sets a ceiling for pain and suffering damages in many soft-tissue cases. But not all injuries fit inside that box. Brain injuries, spinal cord injuries, complex fractures, or long-term chronic pain break free from the cap. Medical experts, using imaging and clear clinical notes, help draw that line.
Examples:
- Capped: Mild neck pain after a rear-ender.
- Not capped: Loss of consciousness, disc herniation on an MRI, or clear neurological symptoms.
Lost Income and Earning Capacity
Missed shifts, lost overtime, tips, commission—you can claim it. Alberta law allows you to recover both past and future wage loss if your injuries disrupt your ability to work. That includes salary, self-employment income, or lost career progress. If your injuries limit what jobs you hold or how many hours you work, your claim reflects that real loss.
Out-of-Pocket Expenses
Not everything is covered by government health care or Section B accident benefits. Receipts for medications, mobility aids, parking at medical appointments, and help with daily tasks all stack up. Keep these receipts. They get added to your claim.
Property Damage
If a drunk driver totals your car, you may be covered—especially if you have collision coverage or the at-fault driver is insured. Alberta’s Motor Vehicle Accident Claims Program (MVAC), provides compensation for bodily injury if the at-fault driver is uninsured or unidentified, but does not cover property damage. Reviewing your policy and consulting a lawyer can help you understand all available options for recovery.
Punitive Damages: Rare, but Possible
Courts rarely award punitive damages, but they exist for drunk driving cases with “high-handed” or outrageous conduct. In Alberta, most of your compensation comes from actual losses, but these extra sums send a clear message: drunk driving has consequences.
Proving Fault: The Law on Your Side
Negligence Is Obvious
When alcohol is in the mix, Alberta’s legal system is clear. Impaired driving breaks both the Criminal Code and the Traffic Safety Act. Proving fault in your civil claim is often straightforward, but the real discussion lies in determining the appropriate compensation for your suffering.
The Standard of Proof
Civil cases require proof on the balance of probabilities. You need to show it’s more likely than not that the impaired driver caused your injuries. This is much lower than the “beyond a reasonable doubt” needed in criminal court.
Insurance Pays
Every Alberta vehicle carries mandatory third-party liability insurance under the Standard Automobile Policy (SPF No. 1). That policy pays your judgment, up to its limits, even if the at-fault driver is nowhere to be found. If the driver is uninsured or unidentified, MVAC steps in, up to $200,000.
Criminal Case and Civil Claim: How They Interact
A criminal conviction or guilty plea helps your civil case, but it isn’t required. You can file your lawsuit before, during, or after the criminal proceedings. Police records, breathalyzer results, and conviction documents strengthen your file.
The Minor Injury Regulation: What Counts and What Doesn’t
MIR: What It Covers
The Minor Injury Regulation applies to “minor injuries” like Grades I–II sprains, strains, and some temporomandibular joint (TMJ) injuries. The cap on pain and suffering, indexed annually, limits payouts for these injuries.
Escaping the Cap
Objective, documented injuries break the cap. Evidence like a positive MRI, specialist diagnosis, or clear, ongoing symptoms get you out of the MIR’s grasp. Chronic pain and diagnosed psychological effects related to the crash can also remove your claim from the cap.
Key Strategies:
- Early medical assessments: Specialists and objective testing right after the crash matter.
- Consistent documentation: Regular follow-ups and clear, ongoing notes from care providers keep your claim on track.
Why Medical Experts Matter
Radiologists, neurologists, and pain specialists play a key role. Their findings help clarify whether your injury fits within the cap or not. Don’t settle for a walk-in clinic note if your symptoms persist or worsen. Detailed, well-supported records are your best ally.
Section B Accident Benefits vs. Your Lawsuit
Section B accident benefits kick in fast, right after a crash. This coverage exists to keep you moving while your lawsuit builds. Every insured vehicle in Alberta includes these benefits, no matter who caused the collision.
What Section B Covers
You get up to $50,000 for medical and rehabilitation expenses per person, plus up to $600 per week for lost income, for up to two years. The Alberta Standard Automobile Policy guarantees these payouts. You use these benefits for physio, prescriptions, dental care, medical equipment, and more. Don’t wait—file your claim right away. Delays can hurt your credibility and slow down your treatment.
Key Takeaways:
- Medical expenses: Rehab, therapy, hospital bills, home care, equipment.
- Income replacement: Up to $600 per week, up to 2 years.
- Out-of-pocket costs: Essential travel for treatment, prescription fees, assistive devices.
Section B doesn’t block you from suing the drunk driver. These payments cover immediate costs, but your lawsuit targets full compensation for your pain, suffering, and long-term losses. Later, any amount you get from Section B is deducted from your settlement to prevent double-dipping.
Key Deadlines and Paperwork
Report your claim to your insurer within ten days of the accident. Complete the proof-of-claim form within ninety days. Failing to meet deadlines can create difficulties. If you’re not sure what counts as a “proof of claim,” ask your insurer or get help gathering the right paperwork.
Injuries That Sidestep the Cap
Brain Injuries
A brain injury changes everything. Symptoms can range from headaches and memory loss to mood swings and difficulty thinking clearly. Medical experts track your progress using CT scans, MRIs, and cognitive testing. Alberta courts treat these injuries as serious, with no cap on pain and suffering damages. A diagnosis of post-concussion syndrome or lasting cognitive impairment opens the door for higher compensation.
Spinal Cord Injuries
Damage to your spinal cord leads to a long road. You deal with muscle weakness, loss of movement, or even paraplegia. These injuries usually require major home modifications, personal support workers, mobility devices, and ongoing medical care. Insurance companies don’t cap these injuries. Your damages reflect the real impact—future therapies, lost earning potential, and a changed daily life.
Complex Soft-Tissue and Chronic Pain
Not all soft-tissue injuries fit the “minor” label. Disc herniations, nerve impingements, or chronic regional pain syndrome last months or years. Medical imaging or expert opinions from physiatrists or neurologists document the severity. Chronic pain that disrupts your work, sleep, or relationships means your claim sits outside the Minor Injury Regulation.
Damages for Life Changes
For all serious injuries, the law accounts for more than just your initial pain. You claim:
- Future therapy: Neuropsychology, occupational therapy, vocational retraining.
- Home care: Personal support, cleaning, childcare.
- Family losses: Loss of guidance, care, and companionship.
Building a Winning Case After You’re Home
The best cases start with good records and honest details. You set yourself up for fair compensation when you organize your story and keep every receipt, report, and note.
Medical Records Matter
Start with your family doctor, then add in reports from hospitals, rehab clinics, and any specialists you see. Imaging—like MRIs, CT scans, or X-rays—shows the physical damage. Progress notes reveal how your injury unfolds, from pain spikes to real recovery.
Personal Diary: Your Story Counts
Keep a daily log. Mark pain levels, sleep issues, work missed, and family help. Write down how symptoms affect your hobbies, routines, or relationships. Judges and insurers read these diaries. They show the injury’s real impact, day after day.
Economic Evidence: Show the Loss
Gather pay stubs, T4 slips, and tax returns. If you run a business or freelance, include profit and loss statements, contracts, or letters from clients. Show what you earned before, and what you lost because of the crash. Clarity helps your claim.
Police and Criminal Records: Strengthen Your Case
Get police reports, collision diagrams, and breathalyzer results. If the impaired driver pleads guilty or is convicted, request transcripts. These records support your story and add weight in negotiations or court.
Experts Build Credibility
Bring in accident reconstructionists if facts are in dispute. Neurologists, physiatrists, and economists help show the injury’s scope and the financial cost. Their professional input supports your numbers and turns a vague story into a solid case.
From Demand Package to Courtroom
Once you’ve built your file, it’s time to push for compensation.
Notice to Insurer
Send a detailed demand letter to the drunk driver’s insurer. List your injuries, losses, and supporting documents. Attach medical reports, proof of income loss, receipts, and police records. Make your expectations clear.
Insurance Tactics
Insurers try to limit payouts. They may push for “minor” classification under the MIR or offer a quick, low settlement. Some request an independent medical exam, hoping for a different diagnosis. Stay firm. Rely on your records and medical evidence.
Negotiation Tools
Most cases settle before trial. Mediation or Judicial Dispute Resolution gives both sides a chance to agree with help from a neutral party. Structured settlements sometimes help you get steady payments, especially if you need care for years to come.
Trial Essentials
If settlement fails, your case goes to court. You attend discoveries, share expert reports, and testify. Your diary, records, and expert input matter here. Courts look at the evidence and order a fair award.
Policy Limits and Excess Judgments
Most Alberta auto policies carry at least $200,000 in third-party liability coverage, but many drivers carry $1 million or more. If your damages go beyond that, MVAC may top up the difference, or the impaired driver’s assets get involved. Some insurance policies also include underinsured motorist coverage—check your own policy for details.
FAQ — Can I Sue a Drunk Driver for Damages After an Accident?
You move ahead with your civil claim whenever you’re ready. Criminal and civil cases follow separate tracks. A criminal conviction helps your civil claim, but you do not need to wait for it. Your injury, evidence, and losses start the moment of the crash. Police records, breathalyzer results, and court documents still support your lawsuit even if the criminal case takes longer.
Passengers hold the same rights as anyone else hurt by a drunk driver. Your relationship to the impaired driver does not erase your ability to claim damages. Courts only reduce your compensation if you knew the driver was intoxicated and still got in the car. This is called contributory negligence. Insurance policies in Alberta still respond, and MVAC covers you if the driver had no insurance.
Alberta’s Motor Vehicle Accident Claims Program (MVAC) protects people in exactly this situation. MVAC pays damages up to $200,000 per claim when the at-fault driver is unknown or uninsured. You report the incident to police and MVAC quickly. You still need to prove your losses and the facts of the collision, but your right to compensation stands.
Your premiums do not rise just because you sue an at-fault drunk driver. Insurance rates depend on who was responsible for the crash. Filing a lawsuit protects your interests and does not affect your rates when you did not cause the accident. Your own Section B claim also does not trigger a premium increase for a not-at-fault claim.
You claim future psychological therapy if your injuries include PTSD, anxiety, depression, or emotional trauma related to the crash. Medical records, expert assessments, and ongoing treatment recommendations support this. The court recognizes mental health as a legitimate head of damage, and awards reflect the real cost of long-term therapy and recovery.
Most impaired-driver lawsuits resolve within one to three years. Factors include the complexity of your injuries, how quickly you recover, and whether the insurance company negotiates fairly. Some cases settle early, while others go all the way to trial. Your preparation—medical documentation, economic proof, and organized evidence—pushes the timeline forward.
Turn Outrage Into Recovery With MNH Injury Lawyers
You deserve to rebuild your health, paycheque, and confidence after a drunk driving crash. Alberta law stands with you. An experienced Edmonton personal injury lawyer can help you make that happen.
Call MNH Injury Lawyers at (888) 664-5298 and start your recovery with a free, clear legal review.
