After a sideswipe collision, know that you have rights under Alberta law. The most important ones include access to no-fault medical and income-replacement benefits through your insurance policy. You may have the right to pursue a legal claim against the at-fault driver for your losses.
Don’t worry about untangling this system while you are recovering. Understanding the framework is our responsibility. An experienced Alberta car accident lawyer can handle the details so you can concentrate on what matters most—your health and well-being.
For a clear assessment of your legal rights after a sideswipe crash and your available options, call MNH Injury Lawyers at (888) 664-5298 for a no-obligation consultation.
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The First Steps from Home: Protecting Your Claim
Once you are safely home and have addressed any immediate medical needs, the actions you take next are foundational to protecting your rights.
The Importance of Reporting the Collision
In Alberta, you are legally required to report a collision to the police if there are any injuries or if the total vehicle damage appears to be more than a set amount (currently $5,000). It provides an official record of the event, which is invaluable for insurance and legal purposes. Failing to report can result in fines and significantly complicate your claim down the road.
Notifying Your Insurance Company
You must promptly inform your own insurance provider about the accident. This action is what initiates your access to the immediate, no-fault benefits available under your policy.
Your First Layer of Support: Section B No-Fault Benefits
Think of this as your primary safety net, designed to catch you immediately after a fall.
What Are Section B Benefits?
Every standard auto insurance policy in Alberta includes “Section B” or “no-fault” benefits. These are available to you, your passengers, and even pedestrians injured in the accident, regardless of who caused the crash. The purpose of these benefits is to provide quick access to medical care and income support without having to wait for a legal claim to be resolved.
Accessing Medical and Rehabilitation Support
Section B provides coverage up to a maximum of $50,000 per person for necessary medical and rehabilitation expenses incurred within two years of the accident. While Alberta Health Care covers doctor visits and hospital stays, many other essential treatments are not fully funded. Section B bridges this gap, covering services such as:
- Physiotherapy to restore movement and strength.
- Chiropractic care to address spinal misalignments.
- Massage therapy to relieve muscle pain and tension.
- Dental work if your teeth were damaged in the crash.
- Psychological counselling to help with the emotional and mental impact of the trauma.
Our role is to work with you and your treatment providers to ensure your insurer approves the full extent of the benefits your recovery requires, preventing premature denials or cut-offs.
Covering Lost Income
If your injuries prevent you from working, the financial stress can be as challenging as the physical pain. Section B provides disability benefits to help manage this.
How it works: You are eligible for 80% of your gross weekly earnings, up to a maximum of $600 per week. This benefit is designed to provide a steady stream of income while you are unable to perform the duties of your job.
The waiting period: It is important to know that benefits are not paid for the first seven days of disability. This is a mandatory waiting period under the policy. We can help you manage the application process, ensuring all necessary documentation is submitted correctly to prevent any unnecessary delays in receiving these payments.
The Core Question: Who Was At Fault for the Sideswipe?
While Section B benefits are available no matter who is to blame, the answer to the fault question determines your right to further compensation. Alberta uses an “at-fault” insurance system. In simple terms, this means that to recover compensation for losses beyond what Section B covers—like pain and suffering or future income loss—you must prove the other driver was negligent.
How Fault Is Determined
Sideswipes frequently happen when one vehicle fails to maintain its lane.
- The Rules of the Road: Fault is typically assigned to the driver who unsafely left their lane, failed to signal a lane change, or did not check their blind spot. These duties are outlined in the Alberta Traffic Safety Act, which sets the standard of care for all drivers on the road.
- Evidence We Use: Our firm will gather and analyze all available evidence, including police reports, witness statements, photographs of the scene and vehicle damage, and sometimes analysis from accident reconstruction engineers to build a clear picture of how the collision occurred.
What if You Are Partially at Fault?
Sometimes, responsibility for an accident is not 100% on one driver. Think of fault like a pie chart. A court can divide the responsibility between drivers, assigning each a percentage of the blame.
Alberta’s Contributory Negligence Act means you can still claim damages even if you were partially to blame for the sideswipe. Your final compensation award would simply be reduced by your percentage of fault. For example, if you were found 25% at fault, you could still recover 75% of your damages. We will work to ensure liability is apportioned fairly and accurately, protecting you from any unjust allocation of blame.
The Minor Injury Regulation
In Alberta, the path your claim for pain and suffering takes depends on the legal classification of your injury. This fork in the road is governed by the Minor Injury Regulation (MIR). It is important to understand that this is a legal definition, not a medical diagnosis. Your doctor treats your injury; the law defines its category for compensation purposes.
Path 1: The “Capped” Claim
What it is: The MIR places a limit, or “cap,” on the amount of pain and suffering damages for injuries that are legally defined as “minor.” This typically includes certain sprains, strains, and minor whiplash-associated disorders (WAD).
The number: The cap amount is adjusted annually for inflation. Insurance companies may tell you that your soft tissue injury is automatically capped, but this is always not the case. An insurer’s goal is to resolve claims for the lowest possible amount. Instead of relying on their assessment, we strongly advise you to speak with a lawyer. We can explain the current cap and, more importantly, analyze whether your injury legally fits within this restrictive category.
Path 2: Beyond the Cap
When the cap does not apply: An injury is not minor if it results in a “serious impairment.” In other words, it means the injury substantially interferes with your ability to perform your job, attend school, or manage your normal activities of daily living.
Injuries like concussions and traumatic brain injuries (TBI), spinal cord injuries, chronic pain conditions that develop from an initial strain, and fractures automatically fall outside the cap.
The Three Pillars of Compensation in a Sideswipe Claim
Since your primary medical bills are covered by provincial health care and Section B, a personal injury claim against the at-fault driver focuses on recovering other critical losses. These generally fall into three categories, which form the pillars of your compensation.
Pillar 1: Pain and Suffering (General Damages)
This is compensation for the non-financial toll the injury takes on your life. It acknowledges the physical pain, emotional distress, and loss of enjoyment of life your injuries have caused. If your injury is not “minor” under the MIR, the amount of these damages is not capped. Instead, it is determined by the courts based on the severity of your injury, the length of your recovery, and the long-term impact on your life.
Pillar 2: Past and Future Income Loss
While Section B provides some immediate wage loss support, it is limited in both amount and duration. A legal claim can recover the full extent of your income losses. This covers more than just the wages lost while you were off work. Crucially, it also includes loss of future earning capacity. If your injuries permanently affect your ability to work, perform at the same level, or advance in your career, you are entitled to compensation for that diminished future potential.
Calculating this loss is no easy task, especially for self-employed individuals or those with variable income. We will engage vocational consultants and economists to ensure a complete and accurate assessment of your past and future losses.
Pillar 3: Other Financial Losses (Special Damages)
This pillar is for the reimbursement of any out-of-pocket expenses you incurred because of the accident that were not covered by Section B. It is a catch-all for the various costs that can accumulate during recovery. This includes costs for things like:
- Vehicle repair deductibles.
- Prescription medication costs.
- Mileage for travel to medical appointments.
- The value of housekeeping or yard work assistance if your injuries prevent you from performing those tasks yourself.
Frequently Asked Questions About Sideswipe Accidents in Alberta
It is highly advisable to speak with a lawyer before accepting any offer or providing a detailed statement to the other driver’s insurer. The insurance adjuster’s primary duty is to protect their company’s financial interests, which means resolving your claim for the lowest amount possible. They are not on your side. We ensure any offer presented is fair, fully accounts for your long-term needs, and protects your full legal rights.
The amount of vehicle damage does not determine the severity of an injury. This is a common misconception. Serious injuries, particularly soft tissue injuries, whiplash, and even brain injuries, can occur in low-impact collisions. The forces transferred to the occupants in these cases are significant even if the car’s bumper shows only a minor scrape. You should always seek a medical assessment and legal advice, as you are still entitled to benefits and potential compensation regardless of the vehicle damage.
Key interaction rules:
No double recovery: Section B payments for the same expenses (like medical bills or lost wages) are typically deducted from your final tort settlement
Pain and suffering: Section B doesn’t cover this, so there’s no deduction from this portion of your settlement
No subrogation in Alberta: Your Section B insurer cannot directly recover their payments from the at-fault driver—deductions happen through settlement calculations instead
Timing advantage: Section B benefits continue during settlement negotiations, so you’re not pressured to accept a low offer due to immediate financial needs
Bottom line: Section B provides immediate support while preserving your right to full compensation through a tort claim. Any overlap is resolved through deductions at settlement, not by paying money back to your insurer.
It is common for drivers to dispute fault. Do not engage in an argument or admit fault to anyone—not to the other driver, not to witnesses, and not to an insurance adjuster. The final determination of fault will be based on physical evidence and the rules of the road. We will conduct our own investigation to build a case that establishes the other driver’s negligence.
No. This is perhaps the most critical point to understand about your legal rights. A medical diagnosis of a “soft tissue injury” does not automatically mean it falls under the Minor Injury Regulation cap. The key is the effect of that injury. If it causes a “serious impairment” to your work and life, or if it develops into a chronic condition, it will not be capped. The legal determination is separate from the medical one, and our role is to gather the evidence to prove the full extent of your injury’s impact.
Secure Your Rights. Reclaim Your Future.
The system is in place to provide support and compensation, but accessing it fully requires careful guidance.
Let our team at MNH Injury Lawyers—your trusted Alberta personal injury lawyer—handle the hurdles of the insurance and legal systems. We will deal with the adjusters, collect the evidence, and build your case, allowing you to focus completely on your recovery.
Call us today at (888) 664-5298 to protect your rights and start moving forward. Your consultation is free, and there is no obligation.
