Say no to Minor Injury Cap Regulations.
Insurance companies want to
take away your rights.
Don't let them
What is the minor injury cap?
The minor injury cap is a law that caps compensation at $5,200 for pain and suffering arising from “minor injuries” injuries sustained in a motor vehicle accident.
The insurance industry is asking to make the phrase “minor injury” inclusive of concussions (including brain injuries), psychological injuries, jaw injuries and chronic pain.
These conditions often haunt people for life and are anything but “minor”.
Insurance industry lobbyists, having found that no-fault auto insurance is unpopular with Albertans, now want to change the legal definition of “minor injuries” to include significant, chronic conditions like concussions, traumatic brain injuries, chronic pain, TMJ injuries and psychological injuries as a way to shortchange Albertans and increase their profits.
These proposed reforms limit access to the court and accountability for insurance companies.
Alberta’s insurance system should not be designed to protect industry profits at the expense of consumers. When someone is injured in an accident, they deserve to have their rights protected and to hold bad drivers and insurance companies accountable through the court system.
Injuries such as concussions are not minor
Industry lobbyists want to change the definition of “minor injuries” to include chronic conditions.
This means Albertans who suffer injuries like concussions or traumatic brain injuries could pay more out of their pocket to recover from an already traumatizing vehicle accident.
These proposed reforms put the interests of insurance companies ahead of consumers.
These changes to Alberta’s insurance regulations are unfair to consumers, as they won’t decrease premiums, and would result in injured Albertans carrying more of the financial burden to support their recovery to the benefit of multi-national insurance company bottom lines.
Insurance companies remain profitable and that proposed reforms to expand minor injuries will only benefit insurance companies to the detriment of consumers and injured Albertans.
What you can do
Contact your local representative
Let your voice be heard. Send a letter to your MLA and the Minister of Finance.
Share your Story
We want to know your accident story. Were you able to secure fair compensation? What happened? How do you feel about the potential loss of protections if Albertans can no longer sue at-fault drivers?
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Injured Albertans Speak Out
Please understand that insurance must continue to support those who are truly injured. We need your voice to support us. Please speak up on this issue.
I knew when I woke up and the feeling of fogginess, inability to focus, feeling unable to connect with what as going on around me, that I had another concussion. My first concussion had been four years earlier and I hadn’t fully recovered, but I was better in so many ways. I was finally starting to regain some of the abilities that I had lost, and now…
Life now, is hard. I spent years working on my career finding direction and discovering how to best apply my interests and talents. I finally discovered that I excelled at project management. I was organized and communicated well. I had a background in design and manufacturing controlled budgets of $56M, and now I can’t organize how to make simple phone calls to plan my medical appointments. I have lost abilities in concentration and three-dimensional thinking. I feel I no longer possess the skills that made me such a great project manager, and now I’m struggling to figure what I can I do.
I haven’t been back to work since my accident. I have been home with my children trying to get well enough to go back to work, or school, or something, but I can’t seem to keep up with the bad days. I can only remember one good day in the past four years. I’m so tired of trying to seem mostly ‘normal’ that simple frustrations set me off and I can’t claw back control my emotions. I feel like I’m missing out on my life, my children’s lives. I feel I have everything I could possibly ask for, but I lack the ability to enjoy it. Suffering multiple brain injuries has me left with a fatigue I can never get enough sleep for, an anxiety I can’t escape from, and an apathy to my own life. A concussion can be life-impacting. My life was impacted.
As a former insurance adjuster and with over a decade of experience working on motor vehicle accident bodily injury claims, I have long been well aware that thousands of Albertans each year are injured by careless motorists. With prompt and appropriate treatment, many recover within about 12 weeks in which case, quite frankly, compensation for pain and suffering in the $5,000.00 to $5,500.00 range is reasonable.
However, I am also well aware (now painfully so) that many other wrongfully injured Albertans suffer traumatic injuries in auto accidents that evolve into chronic pain conditions. I am one of those Albertans. Whether I eventually recover from these injuries or end up with permanent clinical impairment remains to be seen, but either way it’s common sense (and common law) that I deserve to be compensated for my pain by the negligent driver’s insurer at a figure well in excess of the minor injury cap, which was always intended only to apply to people suffering minor strains and sprains that healed relatively quickly, ie., within 90 days or so.
The whole point of insurance is that a community of millions (myself included) chips in some money in the form of premiums so that there is a pool of funds available to compensate the thousands of ordinary Albertans (me too, unfortunately) who are injured each year by negligent motorists. Apparently, insurance companies would rather continue to rake in premiums from consumers like me, but pocket that cash rather than having to fully compensate innocent injured Albertans for our pain and suffering — but that wouldn’t be fair, now would it?
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About FAIR Alberta Injury Regulations
FAIR Alberta is a coalition of concerned consumers, medical professionals, injured Albertans, and members of the legal community who are committed to protecting the rights of individuals that have been injured in motor vehicle accidents.