You did everything right. You were driving carefully, someone else made a mistake, and now you’re the one dealing with the fallout. Even though it feels like the insurance company will see it as it is, that’s not always true. The reality of “not-at-fault” accidents in Alberta is that the insurance company’s goal is to settle your claim quickly, not necessarily fairly.
So, when should your accident become a lawsuit in Edmonton? In this guide, we will take a look at what not-at-fault means for accidents, the accident injury claim filing process for Alberta, and cover a few warning signs to make sure you don’t settle too early for a number that won’t give you a fair outcome.
What Do Not-At-Fault Benefits Mean in Alberta?
In Alberta’s current system (as of January 2026), your first layer of coverage is usually Section B accident benefits, which can pay “reasonable” medical and rehab expenses within 2 years of the accident, up to $50,000 per person, regardless of who caused the collision. If your losses aren’t fully covered by Section B (or they continue after it ends), you may be able to pursue a personal injury claim against the at-fault driver’s insurer for the remaining damages.
A loss doesn’t just mean a vehicle that was written off or a dented bumper, but also anything related to medical expenses, lost income, or compensation for your injuries. Think about it as the physiotherapy sessions you’re still attending for months after the accident, overtime shifts you had to turn down, or even something as simple as not being able to pick up your kids without pain. With the current at-fault system, you can file a personal injury claim against the at-fault driver’s insurer after an accident.
Other factors that can be considered in your claim if you were injured in an accident include the cost of future care, future housekeeping costs, future wage loss, loss of enjoyment of life, and more.
Before the January 1, 2027, changes take effect, check out our article No Fault? Not Yet! What Albertans Need to Know About Auto Insurance to learn more about what no-fault insurance actually looks like for your case.
What is the Difference Between a Claim and a Lawsuit?
Is there really a difference between a personal injury claim and a lawsuit? Think about it as phases or process steps. When you file a personal injury claim, this can feel more like waiting on admin. All of the accident details, from photos to witness statements, are submitted along with your medical records for all injuries resulting from your accident. But from the very beginning, the decisions you make can affect the value of your claim. Working with an Edmonton personal injury lawyer from the start will help you ensure that the right evidence is gathered, deadlines are protected, and communication with insurers is handled properly.
In Alberta, there is a strict two-year deadline from the date of the accident to file a Statement of Claim. The two-year limitation period applies regardless of how negotiations are going, but filing your claim can protect your legal rights and keep your claim moving forward.
A lawsuit is a formal legal action started by filing a Statement of Claim with the court. It does not automatically mean you are going to trial. In many cases, it is a strategic step taken to preserve your right to compensation while discussions continue.
The bottom line is that your personal injury claim follows the same overall process regardless of the type of accident, but having a lawyer involved from the start can help protect your position long before a lawsuit is ever required.
Warning Signs Your Personal Injury Claim in Edmonton Is Being Undervalued
In the weeks after an accident, you’re likely focused on the basics: getting your car out of the shop, managing your pain, and trying not to fall behind at work. All Insurance adjusters know this pattern all too well, leading them to swoop in with an early settlement offer that looks like a fast win, hoping you’ll sign before you realize the actual cost of your injuries.
Regardless of your accident type, compensation offers can be based on incomplete medical records and temporary wage loss estimates, but that doesn’t mean they are seeing you as a person. While you may not know what your claim is worth, a personal injury lawyer does. Before you talk to an insurance company alone, keep in mind a few warning signs.
1) Your Injuries Are Taking Longer to Heal
If the insurer offers you a settlement before you’ve even finished your physiotherapy or seen a specialist, be careful. They want you to sign a release now because once that paper is signed, you can never ask for another cent, even if your minor back pain turns into a chronic issue six months from now.
2) Lost Income Is Being Downplayed
Whether you work in a seasonal role, trades, or shift work, you know that missed shifts, reduced hours, or time away from work can add up quickly. If the insurance company is only looking at your base salary and ignoring your missed overtime or the fact that you can’t do physically demanding work anymore, then they aren’t seeing the full picture of your financial loss.
3) Pressure to Settle Without a Lawyer
If an adjustor tells you that you don’t need a lawyer, that should set off an alarm! Personal injury lawyers like Braithwaite Boyle work on a contingency fee basis, meaning we don’t get paid unless you win. Insurance adjusters don’t expect you to know the court of law, but a lawyer’s job is to get you the compensation that you deserve.
4) Medical Evidence Is Being Challenged
Did you have a minor sports injury five years ago? The insurer might try to use your old medical records to claim your current pain isn’t from the accident. Your doctor and your medical exam after the accident are more telling of what injuries are new and actually applicable to your case, not just what an adjuster wants to push forward.
5) Vehicle Damage Is Being Used to Minimize Your Injuries
It’s the oldest trick in the book! An adjuster might say, “The bumper barely has a scratch, so how could you have a neck injury?”, but they aren’t your doctor, and a low repair cost doesn’t equal a minor injury. Soft-tissue injuries and chronic pain can occur even in lower-speed crashes! Vehicles are designed to withstand impact, but your body isn’t.If you feel like you have been put in one of these positions, it’s time to get a second opinion on your claim. An Edmonton personal injury lawyer can review your file, explain what may be missing, and fight on your behalf.
Talk to an Edmonton Injury Lawyer Before You Decide
Deciding to move from an insurance claim to a lawsuit can feel intimidating, especially when you don’t know how your claim will end or if it will make things messy. Don’t forget that most lawsuits don’t end up in a courtroom. One call with an Edmonton personal injury lawyer can help you understand if you have a case, whether an offer is fair, and what options are available.
At Braithwaite Boyle, we’ve seen how stressful the insurance process can be for injured Albertans. Our personal injury lawyers in Edmonton, Calgary and Red Deer offer no-obligation consultations to help you understand exactly where your claim stands. Getting advice and working with a personal injury lawyer can mean the difference between an unfair settlement and getting the support you need to recover.
If you were hurt in a not-at-fault accident in Edmonton, speak with a personal injury lawyer today for a free consultation.