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Legal Lessons from Alberta - A Case Study in Personal Injury Claims and Evidence Credibility

Legal Lessons from Alberta - A Case Study in Personal Injury Claims and Evidence Credibility

Bill 41: The Enhancing Driver Affordability and Care Act received royal assent late last year quickly without debate, to the delight of insurance companies.

“Bill 41” was passed by the Alberta Government and made significant amendments to legislation that will affect personal injury matters. The Government plans to make additional changes to the insurance scheme in the future which will strip Albertans of their right to sue.

The insurance industry in Alberta is working on taking away your right to sue, leaving you at the mercy of an insurance company who will decide how much treatment you get and when you are ready to return to work.

Throughout our years of experience at Assiff Law Office, we have seen insurers and in particular self -represented entities such as municipalities, who insure negligent municipal workers, use the following tactics to dissuade injured victims from pursuing an action altogether or to try and convince them to settle for far less than what their claim is actually worth.

The SEF 44 Endorsement provides you, as well as your dependent family members, with excess insurance to cover any damages sustained in a motor vehicle accident in excess of $200,000, up to your own policy limits. In effect, it provides you with coverage up to the maximum of your own policy limits, whatever that may be. If you have the exact same amount of coverage as the other person involved in a collision, the Family Protection Endorsement is not activated.


The Superintendent recently approved changes to all prescribed Accident Benefit (AB) and Minor Injury (MI) forms applicable to Alberta automobile insurance Accident Benefits (including DTPR) claims and Certified Examinations.

The duty of insurance companies should be one of UTMOST good faith or "uberrima fides". In Alberta, insurance companies sometimes employ bad faith tactics in order to delay or avoid paying claimants for their insurance claims. There are a number of different practices that insurance companies may use in bad faith in order to try to deny valid insurance claims. If an insurance company has acted in bad faith, a claimant may sue the company.

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he other party's insurance company will often employ the use of an “insurance adjuster” in order get you to admit fault or part fault. Should they be successful, your claim might be denied or greatly reduced.