Passengers injured in a motorcycle accident in Alberta may have access to compensation through no-fault accident benefits and a separate claim against the at-fault driver.
However, just because the potential for compensation exists doesn’t mean it is easy to recover, especially when dealing with severe injuries often caused in motorcycle crashes.
MNH Injury Lawyers is dedicated to helping motorcycle riders and passengers secure compensation that helps support their recovery.
If you are unsure about what is available to you or whether your claim is being accurately valued, schedule a free case evaluation online or at (888) 664-5298 to explore the following legal insights with our experienced motorcycle accident lawyers in Edmonton, Alberta.
Key Takeaways About Motorcycle Accident Compensation for Passengers in Edmonton, Alberta
- Dual Avenues for Compensation: Passengers in Edmonton, Alberta typically have access to two streams of financial support: no-fault Section B benefits from the motorcycle’s insurance policy and a separate personal injury claim against the driver who caused the crash.
- Section B Benefits are a Priority: Regardless of who was at fault, injured motorcycle passengers can apply for Section B benefits. These benefits provide initial coverage for medical treatments and income replacement, up to the limits outlined in Alberta’s Insurance Act.
- The Minor Injury Regulation (Cap): Alberta’s Minor Injury Regulation (MIR) places a limit on the amount of pain and suffering damages for certain soft tissue injuries. A lawyer can help determine if your injuries fall under this cap and pursue fair compensation for all other damages not limited by the MIR.
- Liability is Key for a Larger Claim: To obtain compensation beyond Section B benefits, it is necessary to establish that another party’s negligence caused the accident. This can be the driver of the motorcycle you were on, another motorist, or even a combination of parties.
- Legal Guidance is Essential: An Edmonton motorcycle accident lawyer can help handle communications with insurance companies, assist with gathering evidence to prove liability, and work to secure a fair settlement that accounts for all your losses, from pain and suffering to future care costs.
- No Upfront Costs for Legal Help: Many personal injury law firms work on a contingency fee basis. This means you do not pay any legal fees unless your claim is successful, allowing you to access legal support without immediate financial strain.
Understanding Your Rights as an Injured Motorcycle Passenger
When you are a passenger on a motorcycle, you place a significant amount of trust in the operator. After a crash, it is common to feel a sense of confusion and uncertainty about your options, especially when it comes to financial recovery.
The good news is that as a passenger, you have clear legal rights to seek compensation for the injuries and losses you have sustained.
Unlike a driver, a passenger is rarely considered at fault for a collision. This unique position simplifies one of the most challenging aspects of a personal injury claim: proving liability. Your focus can remain on your physical and emotional recovery while your legal team addresses the process of holding the responsible parties accountable.
Immediate Financial Support: Section B Accident Benefits
In Alberta, all standard auto insurance policies include mandatory no-fault accident benefits, commonly known as Section B benefits.
As an injured motorcycle passenger, you may be eligible to claim these benefits through the insurance policy of the motorcycle you were riding on.
These benefits are available regardless of who is at fault for the accident. The primary purpose of Section B benefits is to provide immediate financial assistance for:
- Medical and rehabilitation expenses: This covers costs for treatments not paid for by Alberta Health Care. The standard policy provides up to $50,000 in coverage for up to two years following the accident.
- Income replacement benefits: If your injuries prevent you from working, Section B provides disability benefits. These benefits cover 80% of your gross weekly earnings, up to a maximum of $600 per week after the first 7 days of disability.
An accident benefits application must be completed and submitted to the insurer promptly. This process can involve detailed paperwork and strict deadlines, which is often the first point where having legal guidance from MNH Injury Lawyers becomes invaluable.
Pursuing Full Compensation Through a Tort Claim
While Section B benefits provide an essential safety net, they rarely cover the full extent of losses from a serious motorcycle accident.
To obtain compensation for damages not covered by Section B, you must file a personal injury claim, also known as a tort claim, against the at-fault driver.
This is where proving negligence becomes essential. Your claim will be made against the insurance policy of the person or people responsible for the crash. This could be:
- The driver of the motorcycle you were a passenger on.
- The driver of another vehicle involved in the collision.
- In some cases, both drivers if they share fault.
It can be an uncomfortable situation to consider making a claim against a friend or family member who was operating the motorcycle. However, it is important to remember that the claim is not against them personally but against their insurance policy.
These policies exist precisely for situations like these, to provide financial compensation for those injured due to a driver’s actions. A free consultation with experienced motorcycle accident injury lawyers can help clarify the process and what to expect.
What Types of Damages Can Motorcycle Passengers Claim?
A personal injury lawsuit for a motorcycle passenger accident may cover several categories of damages. Legal professionals familiar with Alberta laws play a critical role in identifying and maximizing the compensation available across these areas.
Compensation for Pain and Suffering (Non-Pecuniary Damages)
Pain and suffering compensation addresses the physical and emotional toll of your injuries, as well as the impact on your quality of life.
In Alberta, the Minor Injury Regulation (MIR) may limit compensation for certain soft tissue injuries, but more severe injuries fall outside this cap.
Examples of injuries that may qualify for uncapped pain and suffering compensation include:
- Fractures or broken bones.
- Traumatic brain injuries.
- Spinal cord injuries or paralysis.
- Severe psychological trauma or PTSD.
- Permanent disfigurement or scarring.
Insurers often dispute whether injuries fall outside the MIR cap, but a lawyer can advocate for proper classification and pursue the full compensation you may be entitled to under Alberta law.
Compensation for Lost Income and Earning Capacity
Injured motorcycle passengers may face immediate income loss and long-term earning challenges due to their injuries.
While Section B benefits provide partial income replacement, the low cap and waiting period don’t always cover earnings lost.
A motorcycle accident injury lawsuit may help recover additional financial losses, such as:
- The remaining portion of your lost wages not covered by Section B benefits.
- Missed overtime, bonuses, or other work-related income.
- Reduced hours or changes in work duties caused by ongoing symptoms.
- Loss of future earning capacity if permanent impairment affects your career.
- Professional retraining costs if a new occupation is required.
By coordinating with vocational and economic experts, a lawyer can help build a strong case to ensure all income-related losses are accounted for in your claim.
Compensation for Future Medical and Care Costs
For passengers with long-term or catastrophic injuries, future care needs can quickly become a financial burden. A personal injury claim may include compensation for ongoing and anticipated medical expenses, such as:
- Rehabilitation or physiotherapy beyond initial treatments.
- Home modifications, such as wheelchair ramps or accessible bathrooms.
- Medical equipment or assistive devices, including wheelchairs or prosthetics.
- Professional or in-home care required for daily activities.
- Long-term pain management, counseling, or psychological support.
- Support for recurring or future surgeries.
Partnering with a lawyer ensures your claim reflects both immediate and future care needs, providing a pathway to financial stability as you focus on recovery.
Out-of-Pocket Expenses
Accident-related costs often extend beyond what is covered by Section B benefits or provincial healthcare. Injured passengers may be able to recover reimbursement for reasonable out-of-pocket expenses, such as:
- Transportation to and from medical appointments.
- Housekeeping or childcare services needed due to injury.
- Prescription medications not covered by insurance plans.
- Medical supplies or equipment, such as braces or crutches.
- Costs for additional support during recovery, such as meal delivery services.
A trusted legal team can identify every eligible expense, helping to maximize your claim and reduce the financial burden of unexpected injuries.
The Claim Process for an Injured Motorcycle Passenger
Filing a motorcycle passenger injury lawsuit in Edmonton, Alberta involves several key steps. While it may seem straightforward, insurance companies often work to minimize payouts, making legal support a significant advantage:
- Seek medical attention: Your health is the top priority. See a doctor immediately to have your injuries diagnosed and documented. This medical record becomes crucial evidence.
- Report the accident: Ensure the police have been called and a report is filed. Obtain the insurance information for all drivers involved.
- Submit Section B application: Complete and submit the required forms to the motorcycle’s insurer to start your no-fault benefits.
- Consult a personal injury lawyer: Before speaking with an insurance adjuster for the at-fault party, it is wise to understand your rights. A lawyer can advise you on how to proceed and take over all communications with insurers.
- Investigation and evidence gathering: Your legal team will investigate the accident, gather police reports, collect witness statements, and obtain medical records to build a strong case proving liability and the full extent of your damages.
- Negotiation and settlement: Most personal injury claims are settled out of court. Your lawyer will negotiate with the insurance company to achieve a fair settlement that covers all your losses.
- Filing a lawsuit: If the insurer refuses to offer a fair settlement, your lawyer will be prepared to file a lawsuit and represent you in legal proceedings to pursue justice.
The process of making a claim after a motorcycle accident as a passenger in Alberta is complex. Having a dedicated legal advocate ensures that your rights are protected at every stage, especially if you weren’t able to complete all the steps above due to the catastrophic nature of your injuries.
Motorcycle Accident Compensation For Passengers in Alberta FAQs
Can I still get compensation if the motorcycle driver was a close friend or family member?
It is a common concern, but a personal injury claim is made against the driver’s liability insurance, not against them personally. The insurance is in place to cover these exact situations, providing financial compensation for injuries without creating a personal financial burden on the driver.
What happens if the at-fault driver was uninsured or fled the scene?
In Alberta, if you are injured by an uninsured or unidentified driver (a hit-and-run), you can still pursue a claim through the Alberta Motor Vehicle Accident Claims Program (MVAC). This government-run fund acts as the insurer of last resort, providing a source of recovery for injured victims in these difficult circumstances.
How long do I have to make a motorcycle passenger injury claim in Alberta?
Alberta has strict time limits for filing a personal injury lawsuit. While there are some exceptions, failing to file a claim within the prescribed period can prevent you from ever receiving compensation. It is critical to speak with a lawyer as soon as possible after an accident to protect your right to make a claim.
Will I have to go to court to get compensation?
Most personal injury claims in Alberta are resolved through negotiation and settlement before ever reaching a courtroom. A skilled lawyer will prepare your case as if it is going to trial, which often encourages the insurance company to offer a fair settlement. While going to court is rare, your legal team will be ready to litigate if a fair offer is not made.
Protect Your Future After a Motorcycle Accident With MNH Injury Lawyers
As a passenger injured in a motorcycle crash, you have rights and options for financial recovery. From accessing immediate no-fault benefits to pursuing a full personal injury claim against the at-fault driver, the law provides a path forward.
The legal process is intricate, and insurance companies are focused on their bottom line. A knowledgeable personal injury lawyer can level the playing field, manage the legal burdens, and fight for the full compensation you need to focus on your healing and future.
Are you ready to understand all the compensation options available to you as an injured motorcycle passenger? Contact MNH Injury Lawyers online or call (888) 664-5298 for a free consultation exploring your legal rights and options.
