We’re here today to address some common misconceptions about Personal Injury claims. There are all kinds of assumptions out there about injury claims, thanks in part to the highly sensationalized portrayal of lawsuits in television and the media. The reality is very different from the high-intensity dramas you often see on TV. For instance, did you know that most injury claims are resolved without you ever having to see the inside of a courtroom? At Litco Law, we believe in advocating for people, and that starts with dispelling the myths that prevent people from getting the compensation they deserve.  

1. My insurance rate will skyrocket because I filed a claim.– If you are not at fault for an accident, your insurance premiums will likely not be impacted by a claim although lots of other factors go into premium increases. If you were partially at fault for an accident, any increase you might see in insurance rates could happen regardless of whether or not you choose to file a claim against the other driver. In short, filing a claim usually has zero impact on your insurance rates.  
2. The party-at-fault will have to pay for the settlement out of pocket.– In almost all accident injury claims, it is the at-fault person’s insurance company that pays the settlement. When it comes to Motor Vehicle Accidents (MVAs) in Alberta, the insurance company is usually responsible for paying the compensation on behalf of the person who was driving. There are a few instances where the at-fault individual may have to pay out of pocket, such as: 

• • The other driver did not have insurance; 
  • The other driver did not have enough liability insurance; or 
  • If the other vehicle was stolen or taken without consent, meaning the driver was breaking the law and driving uninsured. 

Keep in mind that in order to drive legally in Alberta, you must have liability insurance.  

3. I’m not going to pursue a lawsuit because I’m not that type of person!– You can be an ultra-nice Canadian who says sorry (and means it), and still file an injury claim. Insurance is there for a reason! We pay for insurance in order to ensure there’s money to cover the cost if we injure someone else. It’s important that you actually get the compensation you deserve if you’ve been injured because of someone else’s negligence. You can’t put a price tag on your health, but you may be able to get compensation for things like loss of income while you’re unable to work, the cost of medical treatments or therapies, prescriptions, loss of enjoyment or quality of life, and more.  

In Alberta, you generally have up to two years from the date of an accident to make a Personal Injury claim in court, or your right to do so is lost forever. But it’s important not to wait as there may be other important deadlines or circumstances, that may affect the deadline or your claim.   

Don’t let misinformation about Personal Injury claims prevent you from getting access to the benefits and compensation for your injuries and suffering. Have questions? Give us a call, send us a message, or fill out our contact form online and we’ll reach out to you. It won’t cost you anything to speak to a lawyer and, if you do choose us, you don’t pay us anything until your claim is resolved.