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ALBERTA'S SEF 44 – FAMILY PROTECTION ENDORSEMENT

4/23/2020

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Endorsements to the Standard Automobile Policy add extra coverage for certain things. Alberta’s Family Protection endorsement, commonly referred to as the SEF 44, is the most valuable and important one.

This common insurance policy endorsement is an optional but highly recommended endorsement to any motor vehicle accident policy.

The mandatory legislated insurance coverage required by law under the SPF 1 Alberta Standard Automobile Insurance is $200,000. In many cases, that amount may not be sufficient to cover all personal injury and property claims arising from a not at fault or partially at fault accident in which you or your family members may have been involved.

If you or a family living in the household is injured in a motor vehicle accident with an uninsured or underinsured motorist, or involved in a hit and run, you can then access your own SEF 44 endorsement to cover any shortfall for your claims.

Most if not all brokers add the SEF 44 endorsement up to $1,000,000, or the limits of your Section A liability coverage, to insurance policies.

There is a provincial entity called the Motor Vehicle Accident Claims Fund (commonly called the Fund). This Fund covers injury claims only (not vehicle damage) the limit of coverage is $200,000. If you or a family member are involved in either a hit and run where the other driver is unidentified, or struck by a driver with only the statutory minimum $200,000 coverage, and the total injury claims exceed $200,000, then you can claim the shortfall from your SEF 44 Family Protection Endorsement.

However, consider a situation where an accident involves multiple serious injuries. It is important to note that if the at fault driver has $1,000,000 liability coverage, and you also have $1,000,000 coverage, then you cannot access your SEF 44. The policies don’t “stack”.

If an injured party does not have does not have their own insurance with an SEF endorsement, it is important to explore if there is SEF coverage from another source, including but not limited to the following:
  • -  Spouse (including Common Law spouse);
  • -  The injured party is under 18 and is living with and is financially dependent on a person holding
    an SEF or the spouse of that person; or
  • -  The client was an occupant of a vehicle of a relative with insurance on a vehicle with an SEF 44
    endorsement.

There are other situations that may provide SEF 44 coverage so it is important to consult with a Personal Injury Lawyer at Braithwaite Boyle to explore other areas of recovery. 
​
**Please note that this article is to only provide general information. It cannot be considered as legal advice. If you have any questions or concerns, or have been involved in a motor vehicle accident, please contact Braithwaite Boyle Injury Law at 780-451-9191 and one of our lawyers would be happy to assist you. 

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ALBERTA'S STANDARD AUTOMOBILE POLICY (SPF 1)

4/17/2020

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If you operate a motor vehicle in Alberta, you are legally required to carry motor vehicle insurance. The Standard Automobile Policy is governed by provincial legislation, and therefore the basic terms and conditions are the same for all policies.

The mandatory level of Section A coverage is $200,000. However, most people choose to increase that coverage to at least $1,000,000 or $2,00,000 to ensure they have enough coverage in the case of multiple claims from one incident, or very serious injuries to people in the other vehicle/s, where $200,000 may not be sufficient to cover all claims. 

There are three sections of the policy: ​

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ALBERTA'S MINOR INJURY CAP

4/9/2020

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In 2004, the Alberta government introduced a piece of legislation called the Alberta Minor Injury Regulation, which placed a cap on the compensation available to an individual who sustained minor injuries in a motor vehicle accident (the “Cap”). This bold move was taken in an attempt to balance the rights of injured victims, with the increasing costs of providing and purchasing insurance. In the years prior to the introduction of the Cap, insurance companies lobbied the government for a change, arguing that, as a result of an increase in personal injury claims and subsequently, a spike in their costs to settle these claims, they had no choice but to increase insurance premiums. The insurance companies promised the government that by limiting the money that goes to injured Albertans by putting a cap on payouts for “minor injuries”, that they could reduce their own costs and consequently, lower insurance premiums to the general public. This scheme proved successful, and the Cap was created.

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HOW TO CALCULATE DAMAGES IN A PERSONAL INJURY CLAIM

4/2/2020

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The value of a personal injury claim is determined through a calculation of your heads of damages. There are several heads of damages which are classified as pecuniary or non-pecuniary damages. Special damages, also known as pecuniary damages, are monetary awards for specific losses such as economic losses, including repair costs, loss of income, loss of future income, loss of housekeeping, and medical and rehabilitation costs. General Damages, also known as non-pecuniary damages, are awards to compensate for pain, suffering and loss of enjoyment of life.

1. General Damages 
In 1978 the Supreme Court of Canada put a limit on the amount of general damages one can claim. Accounting for inflation, that current limit is $366,000.00, and is only awarded in those cases where some one has suffered catastrophic injuries. In 2004 the Alberta government implemented legislation that caps general damages for pain and suffering at $4000.00 for “minor injuries”. This amount is increased every year for inflation. The 2020 CAP in Alberta is $5,296.00

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    Articles

    All
    Alberta’s Minor Injury Cap
    ALBERTA'S SEF 44
    Alberta’s Standard Automobile Policy (SPF 1)
    CAN A CAREGIVER GET COMPENSATION FROM A PERSONAL INJURY ACCIDENT?
    Cap On Damages
    DID THE BICYCLIST CAUSE THE ACCIDENT?
    DO YOU NEED A LAWYER TO HANDLE YOUR SLIPPED DISK INJURY ACCIDENT IN ALBERTA?
    EVERYTHING YOU NEED TO KNOW ABOUT SPINAL CORD INJURIES
    How A Personal Injury Claim Works
    ​HOW SPINAL CORD INJURIES CAN BECOME MORE COMPLEX
    ​HOW THE NERVOUS SYSTEM CAN BE AFFECTED BY A SPINAL CORD INJURY
    HOW TO CALCULATE DAMAGES IN A PERSONAL INJURY CLAIM
    HOW WILL THE MINOR INJURY CAP INCREASE AFFECT YOU?
    ​INVOLVED IN A MOTORCYCLE ACCIDENT? PROTECT YOURSELF AND YOUR RIGHTS
    LIVING WITH A BRAIN INJURY AFTER A FALL OR CAR ACCIDENT
    Minor Injury
    MOTOR VEHICLE ACCIDENTS: WHO CAN YOU SUE?
    SEXUAL DYSFUNCTION FROM SPINAL CORD INJURIES | SPINAL CORD INJURY LAWYER ALBERTA
    Social Media In Personal Injury
    SPINAL CORD INJURIES: LOOKING AT SHORT TERM AND LONG-TERM EFFECTS WITH A SPINAL CORD INJURY LAWYER IN ALBERTA
    THE NEW CAP FOR PAIN & SUFFERING DAMAGES FOR MINOR INJURIES - WHAT YOU NEED TO KNOW
    WHAT IF YOUR CHILD IS INJURED AT SCHOOL OR AT AN OFFSITE SCHOOL EVENT?
    WHAT IS A TRAUMATIC BRAIN INJURY?
    ​WHAT IS CAR ACCIDENT INJURY COMPENSATION SUPPOSED TO COVER?
    WHEN A DRIVER HITS A PEDESTRIAN
    WHEN COGNITIVE DYSFUNCTION OCCURS
    WHEN YOU GET HIT BY A DISTRACTED DRIVER

    BRAITHWAITE
    BOYLE BLOG

    Through our blog, we provide you more information about aspects of personal injury law, answering some of the most pertinent questions that our clients have asked us over 32+ years of practice. Since every personal injury case will have its own unique details, it’s important that clients know the proper steps they can take to strengthen their case and when to call a legal professional to help them. 

    What a client does in the time after an accident is crucial to determining a successful compensation claim. By offering this information in our blog, we hope you will be better informed on what you can do to receive your full and proper settlement. 

    If you do not see your concern here, or you would like to talk to a personal injury lawyer, please call one of our three Alberta locations to book your free initial consultation.

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  • Home
  • Personal Injury
    • Do I have an accident injury claim?
    • What's my injury worth?
    • Claim against my own insurance company
    • Claims against uninsured drivers
    • Motor Vehicle Accident Claims Program
    • Injury Types
    • Accident Types
    • Non-Vehicle Accidents
    • Liability Disputes
  • Wrongful Death
  • Lawyers
    • Ken Braithwaite
    • Stephanie Thomas
    • Melvin Crowson
    • John B. Stewart
    • Katherine Burt
    • James H. Dow
    • Melina Djulancic
    • Braedon Tong
  • About
    • White Knights Law
    • Blog
    • Our Videos
    • Careers
  • Contact
    • Edmonton
    • Calgary
    • Red Deer
  • Reviews