Protecting our Rights
5 Reasons Why Expanding The Minor Injury Cap is Not Fair To Albertans
1. The minor injury cap deprives injury victims of their rights
to compensatory damages for the pain, suffering, and loss of enjoyment of life endured as a result of their injuries. Expanding the cap will further erode these rights.
2. The minor injury cap disproportionately harms
those who are susceptible to the long-term effects of soft tissue injuries, such as those predisposed to chronic pain, the elderly, and workers. Expanding the cap will result in similar harm to a broader class of injury victims, including those with more serious physical and psychological injuries, neurological injuries such as concussions, among others.
3. The minor injury cap and efforts to expand its reach are premised on tenuous arguments
advanced by the insurance industry in terms of the number of injury claims, the cost of such claims, and the sustainability of auto insurers in the province. In fact, bodily injury claims and costs have decreased in recent years, and there are over 65 auto insurers competitively operating in the province.
4. The auto industry is at a turning point
where new driver assist technology is resulting in fewer accidents and bodily injury claims. Therefore expanding the cap on the basis of increasing claims cannot be rationalized.
5. Albertans want and have been promised less regulation
An expansion of the minor injury regulations would only lead to more inefficiencies, a repeat of the confusion and uncertainty surrounding the 2004 reforms, and more unnecessary litigation.