What happens when you are the victim of a car accident outside Quebec? Are you entitled to out-of-province medical care? Do you have to sue the person responsible for the accident for the damage you suffered?
If you are a resident of Québec, the Société de l’assurance automobile du Québec (SAAQ) is responsible for compensating victims of road accidents, regardless of:
- whether you are responsible for the accident or not (no-fault compensation);
- if the accident took place in Québec or outside Québec.
In this article, we explain the various expenses and indemnities that you can claim from the SAAQ as well as those that are not covered.
Personal injury suffered in the car accident
If you suffered bodily injury in the automobile accident, you are entitled to compensation for bodily injury.
This compensation consists of a lump sum to compensate for the loss of quality of life based on the damage you have suffered. Upon submission of the application, the SAAQ will conduct an analysis to assess your degree of disability and the corresponding severity class.
It often happens that the SAAQ does not pay you all the compensation to which you are entitled, either by refusing to recognize the causal link between your sequelae and the accident or by giving you a less severe severity class. Be aware that each SAAQ decision that causes you prejudice must be challenged with a lawyer experienced in SAAQ cases.
Medical and hospital expenses abroad
If you have suffered a car accident in another province in Canada, by presenting your Quebec health insurance card, the hospital charges the costs directly to the Régie de l’assurance maladie du Québec (RAMQ).
If you had to pay the hospital costs yourself, keep the original invoices in order to submit a claim to the RAMQ. Hospitalization, nursing care and medications administered during your hospital accommodation are generally all covered by the RAMQ.
However, RAMQ does not reimburse all care received outside Quebec. For example, if you received the services of a doctor or specialist, the reimbursement is made according to the CURRENT RATES of the RAMQ.
In this case, the difference can be claimed from the SAAQ. So it is very important to keep all the bills for medical care received out of province.
Remember to also keep your original receipts for any items or treatment deemed necessary due to your accident, such as:
- Medications;
- Medical treatments, such as physiotherapy;
- Travel, such as transportation by ambulance.
Submission of an initial claim to the SAAQ
The claim for compensation can be made via the Internet or by filling out the form provided for this purpose on the SAAQ website. Make sure you have the following information or documents on hand:
- Date, time and place of the accident;
- Circumstances of the accident;
- Police report, if applicable;
- Medical reports, including the initial report;
- License plate number;
- Bank account number;
- Social Insurance Number.
Loss of income due to disability
If you are unable to work as a result of the accident, you can apply for an income replacement benefit, which is equivalent to 90% of your annual net income.
However, the SAAQ may refuse your application or stop paying these indemnities after a few months. If your condition still prevents you from returning to work due to pain or limitations, it is important to challenge this decision with a lawyer. The same applies when there is a change in your condition, whether through relapse , recurrence or aggravation.
If the SAAQ determines a job other than the one you held before the automobile accident, but you are unable to do so, it is also your right to contest this decision.
Inability to go about your business
If you are unable to take care of yourself and need help with essential activities of daily living (e.g., getting up, getting dressed, preparing meals, cleaning, etc.), you can claim home help costs from the SAAQ.
This procedure consists of an evaluation by an occupational therapist who will determine the different needs of the victim taking into account his limitations.
For more information on this subject, we invite you to consult our page on personal help at home.
Damage not covered by the SAAQ
There are two types of damage that are not covered by the SAAQ: property damage and damage to others.
For damage to your vehicle, you must submit a claim to your auto insurance company. It is the latter who will compensate you according to the protection provided in your insurance policy.
With regard to damage caused to non-residents of Quebec, whether bodily or material, it is your civil liability insurance that protects you against civil proceedings abroad. In Quebec, by law, everyone must have liability insurance that covers at least $50,000 in damage to others for accidents in Canada and the United States.
Request for Review of SAAQ Decisions
If you have suffered an automobile accident outside Quebec and the SAAQ refuses to recognize your rights, do not hesitate to contact us to contest each decision that causes you harm.
We understand that the compensation paid by the SAAQ is not huge and that justice can be very expensive. This is why our firm offers percentage pricing, i.e. according to the result obtained and not by the hour.
Contact us in case of a decision to be contested in order to receive fair compensation for your damages.