Every year, there are tragic accidents during snow removal operations. Accidents resulting from collisions with heavy vehicles such as a snow plow often leave serious sequelae, both physical and psychological.
What can you do in these cases? Who should you contact and what can you claim as compensation? In this article you will find your answers to these questions.
Recourse for compensation to the SAAQ
If you have been the victim of an accident with a snow removal vehicle, you will have to submit a claim for compensation to the SAAQ.
Be aware that after an accident, you will initially be presumed unable to hold a job until your medical treatment is finished and you are consolidated (or “cured”). After consolidation, it will be possible to assess whether you have suffered permanent sequelae and, subsequently, whether you are able to resume your job or take a job that the SAAQ will determine.
Depending on the nature and severity of the accident, as well as your personal circumstances, you can make various claims to the SAAQ.
When making a claim, you can consult a lawyer, if you wish. However, it is not necessary to do so at this stage, since a lawyer will only be able to represent you if you want to request a review of a decision rendered by the SAAQ.
Indeed, if you do not agree with a determination made by the SAAQ, whether for an indemnity for physical injury, an income replacement indemnity, the class of severity, a specific job, or other, do not accept their decision without a fight.
Contesting an unfavorable decision of the SAAQ with a good counter-expertise and with the help of a competent lawyer will make a big difference in the quality of your future life. For more information on the process of challenging a SAAQ decision, consult our page on the progress of a SAAQ file.
Compensation for bodily injury
The SAAQ must compensate you for bodily injury caused by an accident with a snow removal vehicle. To do this, it will determine if you have suffered permanent impairment of at least one of the functions of the human body, such as vision, hearing, balance, skin sensitivity or other.
The SAAQ also assesses the impact and the degree of harm you have suffered to determine its severity class. For example, difficulty walking will correspond to a much lower severity class than the inability to move without a wheelchair.
The severity class will have an impact not only on the benefits you can receive, but also on your ability to hold a job. To determine if you are fit to return to work, you will have to look at the medical aspect as well as the socio-professional aspect.
Income Replacement Indemnity Claim
If, following the accident, you can no longer work or hold suitable employment determined by the SAAQ, you may be entitled to income replacement benefits.
To be suitable, the determination of employment must take into account, among other things, your education, experience and income (before the accident), as well as your physical and intellectual abilities (at the date of the accident). If the employment is inadequate or if there have been miscalculations in determining the compensation to be paid to you, you can challenge these decisions.
After a certain period of time, the SAAQ will eventually consider you fit to return to work and will stop paying you your income replacement indemnity. You can also challenge this decision if you do not believe you are fit to return to work.
In addition, if a situation of relapse, recurrence or worsening of your condition occurs after your return to work, it is necessary to reassess your file in order to submit another claim to the SAAQ.
Compensation for psychological damage
The victim of a motor vehicle accident often experiences psychological symptoms that can be just as important as the physical sequelae.
Depression, insomnia, anxiety, difficulty concentrating are just a few examples of psychological harm for which you may be entitled to compensation.
Just like cases of physical harm, the SAAQ will be able to use medical expertise to assess your psychological harm. It will determine the existence of a causal link between your symptoms and your sequelae and, if a link is established, it will make a decision on the severity of the damage and on the payment of compensation.
Property damage caused by snow removal
If the snow removal carried out by the City has caused damage to your property (movable or immovable), you can make a claim for property damage. This claim is a civil liability claim and you will have to prove the existence of fault, damage and causation.
You will therefore have to prove that the City committed a fault during the snow removal. This would be the case, for example, of a City worker who, being overloaded and in a hurry, does his job too quickly and without paying too much attention.
Next, the harm and value of the damage must be determined. For example, if your fence has been broken, an estimate of the cost to repair or replace it will need to be done.
Finally, you will have to show that the fault committed by the City is the direct cause of the damage caused. However, you may have contributed to the harm. For example, if the distance between the fence and the roadway does not comply with regulations, you could be held liable for the damage you suffered.
Please note that there may be exceptions for special cases. For example, a collision between a City of Montreal vehicle and your vehicle (even if it is parked) cannot be submitted to the property damage claim procedure. It is your insurance company that will have to compensate you.
In addition, please note that to request compensation from a city or municipality for property damage, you must send a notice of claim within 15 days of the occurrence of the event. As an example, here are the forms you must use for the City of Montreal and the City of Quebec.
Remember that each case is a case in point. The particular circumstances of your situation can greatly vary your chances of success and a lawyer will help you maximize them. Contact our office now so that we can analyze your file.
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