A serious car accident changes more than your schedule. It can interrupt your income, limit your ability to care for your family, and leave you managing medical appointments while trying to make sense of insurance rules. On top of that, Alberta’s move to a no-fault insurance system in 2027 is raising questions across the province.
Will this change affect my claim?
The answer depends on when the accident happened. In this blog, we’ll explain how Alberta’s upcoming no-fault system works, what remains available under the current law, and what you can still claim if your collision occurred before January 1, 2027. If you were injured in a car accident and not at fault, reach out to our accident injury lawyers in Edmonton today to see if you have a case.
Will My Car Accident Injury Claim Be Covered Under the Current System or No-Fault?
If your car accident occurred before January 1, 2027, in Alberta, your accident injury claim is handled under Alberta’s current fault-based system. Keep in mind that the legal framework in place at the time of the collision continues to apply to your case. The transition to no-fault insurance in 2027 does not retroactively change the rights tied to an earlier accident.
Under our current fault-based system, people who have been injured in a car accident have access to Section B accident benefits through their own insurer. These benefits provide baseline coverage for medical and rehabilitation expenses and for certain income-replacement payments, regardless of who caused the collision.
The key takeaway for the no-fault transition in 2027 is that both Section B benefits and the ability to pursue fault-based compensation continue to apply to accidents that occur before January 1, 2027. To learn more about how Section B Accident Benefits work, check out our previous article, “When Should an Accident Become a Lawsuit for Not-At-Fault Car Accidents in Edmonton.”
Will My Car Accident Be Covered Under the Current System or No-Fault?
Just like note-taking, it’s all in the details. In the case of your accident claim, the answer comes down to the date of the car accident. For car accidents occurring before January 1, 2027, your accident claim will be handled under the current system. That means compensation is based on how the injury has actually affected your life, including your income, your health, and your ability to manage daily responsibilities.
If the collision happens on or after January 1, 2027, it will fall under the new no-fault model introduced by the Government of Alberta. Under that system, compensation is expected to follow a standardized benefits structure through insurance, with fewer options to pursue damages beyond those benefits.
In both systems, Alberta law requires every accident claim to be filed within 2 years, as the timeline for receiving compensation is tied to the date of the accident. The steps that you take now in the first weeks and months after your accident can influence how your claim is assessed, and that’s where we come in. Speaking with an accident injury lawyer from Braithwaite Boyle can mean a world of difference in getting the compensation that you deserve.
If you have questions about what the change in fault-based systems will mean for your claim, we’re here to help. Reach out to our team of accident injury lawyers in Edmonton, Calgary or Red Deer today to discuss your accident.
Who Loses the Most Under Alberta’s No-Fault Insurance System?
Your injury doesn’t have the same recovery as someone else’s because every injury is different! Some people recover quickly and can return to work with minor disruptions to their everyday life, but on the other hand, someone else’s story may be filled with a longer recovery, months of ongoing treatment or permanent changes that impact their ability to work. Under a more standardized no-fault benefits model, the biggest difference is often felt by people whose losses are more complex or long-term. A few examples include:
Self-Employed Individuals
For business owners and independent contractors, income is not always predictable. Time away from work can affect contracts, clients, and long-term revenue. A system that looks at real financial loss can better account for those disruptions.
People in Physically Demanding Careers
Trades, construction, health care, transportation, and other hands-on professions rely heavily on physical ability. When an injury limits mobility or strength, the impact on earning capacity can be significant.
Parents and Caregivers
An injury does not just affect employment. It can change how a household functions. If someone can no longer lift a child, manage home responsibilities, or provide the same level of care, the effect reaches beyond wages.
Individuals with Long-Term or Permanent Injuries
Serious injuries, including those that require ongoing treatment or affect future work capacity, often involve more complex financial consequences. Under the current system, those long-term factors are assessed on an individual basis.
Higher-Income Earners
When someone earns above-average wages, fixed or structured benefits may not reflect the full extent of lost income. A fault-based system allows compensation to be assessed based on actual earnings and projected career impact.
The examples above are simply illustrations of how different lives can be affected in different ways. No two injuries are the same, and no two financial situations are identical. Alberta’s current system looks at the individual circumstances of each case. Income, medical needs, and long-term effects are assessed based on the available evidence. The individualized approach to fault-based systems is what separates the present framework from the standardized, no-fault model that will apply to new accidents after January 1, 2027.
What Can I Still Claim for a Pre-2027 Car Accident?
For collisions that take place before the no-fault transition in 2027, compensation is assessed under Alberta’s existing framework. Outside of Section B accident benefits and the circumstances of your accidents, compensation in a personal injury claim for a driver (or passenger) who was not at fault for the accident can address:
- Income lost during recovery
- Reduced earning ability in the future
- Ongoing medical or rehabilitation expenses
- Pain and suffering
- Loss of household or caregiving capacity
See also:
- What is Car Accident Injury Compensation Supposed to Cover
- How to Calculate Damages in a Personal Injury Claim
Speak With an Alberta Accident Injury Lawyer About Your Claim
Feeling uncertain about what comes next for you after your car accident? Between medical appointments, missed work, and questions about Alberta’s move to no-fault insurance, it can be challenging to know where you stand. You don’t have to figure this out alone!
At Braithwaite Boyle, we take the time to look at your case and see how the injury has affected your life. Whether you are dealing with ongoing treatment, time away from work, or long-term concerns about your recovery, we are here to help you get the compensation you deserve so you can move forward with confidence. Speak with our accident injury lawyers in Edmonton, Calgary or Red Deer today to find out if you have a case.