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Who To Sue In The Event of A Motor Vehicle Accident? November 26, 2018

The weeks and months which follow a car accident can be very confusing. Dealing with the damage that was done, going through recovery, working through trauma – all of this can be very stressful and exhausting. However, there is a way to alleviate at least the financial worries that oftentimes comes with it all.

Filing a claim with the help of an injury lawyer in St. Albert is to receive compensation is important, but finding out whom to even file the lawsuit against can be rather difficult. To help you navigate this endeavor, we have put together a guide to the different kinds of compensation you can claim with the help of a lawyer, as well as that the lawsuit should be filed against

The Difference in Third Party Liability And Accident Benefits

As is the case in most provinces, Alberta’s auto insurance policies also provide a certain amount of coverage for any medical expenses and even income loss during the aftermath of an accident. Regardless of who is found liable, your insurance company will still have to give you access to these benefits, which are oftentimes called no-fault benefits, but are also known as Section B benefits.

There is a cap on these benefits, however, and in Alberta these caps are set at $400 per week for income loss benefits, and at $50,000 for medical expenses. Thought in case of a severe, or even catastrophic, injury, this cap can be extended. It should be noted that the cap on the income loss benefits may differ between people since it is calculated based on either 80% of your weekly pay or set to these $400. Which one is chosen is based on whichever amount is lower.

You will also find that all of this is different if you have been proven innocent in regards to the causation of the motor vehicle accident, since this would mean your injuries have been caused by another party. In this case, and if the section B benefits have been found to be insufficient in regards to covering your medical expenses, you may now be capable of recovering compensation from the party found liable. You may do this through their insurance policy or in person.

No matter which damages you are owed, you will recover them through the liable driver’s insurance company in light of settlement. Your medical expenses on the other hand are compensated for by your own auto insurance policy through their section B benefits.