Alberta Car Accident Settlements
Car accident settlement processes are more or less the same in every place. Alberta Car Accident Settlements are not any different.
But there are some factors that you should remember in case of a settlement. Because no matter how easy it looks, the case can be tricky.
Especially, dealing with insurance companies can be complicated.
So, in this post, we’ve discussed car accident settlements work procedures. But if you want to get a face-to-face consultation from an expert, then our car accident lawyers are always ready to help you.
The first thing to do is promptly report the accident and call for help if there are injuries. The first obligation is also fulfilled with the compilation of the form for the amicable dispute.
Therefore – if the conditions exist – it is also possible not to call the authorities. In this case, the injured party must apply for compensation to his insurance company.
It will, in turn, refer to that of the driver of the vehicle responsible for the accident.
Who Must Compensate for the Damage?
In the insurance sector, the parameter of the concurrence will decide who will pay the compensation. It is the driver who caused the accident which has to bear the damage.
Consequently, sometimes, the concurrence of fault is at 50% – that is, both drivers contributed equally to the occurrence.
In such a case, both parties involved must reimburse the damaged vehicles in the percentage of 50%.
Of course, it is not the culprit who pays directly, but his insurance. What happens if more than one car is involved in the accident?
The insurance company that protects the person responsible for the accident must be contacted directly. For example, in the case of a rear-end collision.
How are Responsibilities Determined in the Event of a Traffic Accident?
There are several possibilities, of which here are the two most common:
- You caused the accident and are held responsible. If you only have car liability insurance and not comprehensive insurance, you will not receive any compensation. Your auto third-party insurance only covers damage caused to the other party. You do not have to wait for the green light from your insurer to have your car repaired. It is because you are not entitled to any compensation.
- You are the victim. Your insurer appoints an expert to determine the actual damage. In the majority of cases, the direct settlement convention applies. It allows a faster settlement of the claim. Concretely, you can receive from your car liability insurance an amount of up to 28,000 CAD. The average car accident settlement in Canada is approx. 21,000 CAD.
That will then be recovered from the auto insurer of the other party.
Please note: You must establish that the other party is responsible.
The speed with which responsibilities are established depends on various factors:
- If the parties have together completed the same accident report and have signed the declaration;
- If the accident report has been clearly and fully completed;
- The type of accident;
- If a copy of the report or the number thereof is in the file.
Claims handlers of insurance companies will endeavor to determine who is responsible for the accident based on the information gathered.
Compensation for Damage: How is It Calculated?
To understand how to calculate the compensation for damage caused by a road accident, it is essential to know that this can be different.
In fact, both the damage caused to the vehicle and the person must be compensated. In the first case, all the expenses necessary for the repair of damaged vehicles are included.
If the value of the damage is higher, the owner is compensated within the limit of the insured amount.
For example: if your car is insured for 5,000 $, this will be the maximum amount you can get as compensation. Even if more than 6,000 are needed to repair it, you won’t get it.
Damages caused to the people involved in the accident, including those present in their vehicle, are compensated.
The compensation includes both pecuniary damage and non-pecuniary damage.
Damage to the Person
Let us dwell on this last point that relates to compensation for damage caused to the person.
As anticipated, the insurance company compensates. Once the expert has been appointed, three different types of damage can be found:
- Financial or economic, which includes all the expenses incurred as a result of the accident. This category also includes loss of profit, i.e., loss of earnings caused by the cessation of work;
- Permanent biological: every injury caused by accident is quantified and compensated using the appropriate tables.
The calculation of the biological damage focuses on two factors:
- The percentage of bodily injury (the higher it is, the greater the compensation);
- The age of the person concerned.
- We then have the third type of compensable damage, namely temporary disability. The insurance company compensates the person for each day. It means he will be paid for days he was unable to move as he would have liked.
In detail, the disability can be absolute (when the person stayed in bed) or partial.
Also, in this case, the higher the percentage, the greater the compensation amount will be.
Times for Compensation for Damage
To obtain compensation for the damage suffered takes on average 30 to 90 days.
- If the victim claims for property damage settlement, it may take up to 60 days.
- If the victim claims settlements for physical damage and injuries, it may take 90 days.
Without an amicable finding, the times are longer: in fact, it takes at least two months for compensation for damage to the vehicle, while for accidents, the times are extended up to more than three months.
Final Words: Alberta Car Accident Settlements
If you ever face such a situation, our recommendation is to contact a specialized professional. He will be able to help you go through the trouble.
It is because the insurance companies will try to minimize the settlement amount you deserve.
So, an experienced lawyer will know how to deal with them. There are many lawyers you will find for Alberta Car Accident Settlements.