Obligations of Insurers of Alberta Residents for Injuries in Saskatchewan

April 2, 2015

Author:

Dean C. Stanley

With recent years of strong economic growth resulting in more inter-provincial traffic, Saskatchewan has seen an increase in motor vehicle accidents involving residents of Alberta. Insurers of Alberta residents are obligated to provide personal injury benefits according to Saskatchewan law if the Alberta resident is injured in a motor vehicle accident that occurs in Saskatchewan. Under the Automobile Accident Insurance Benefits Regulations of Alberta, an insurer is required to pay to the insured person the amount that would be payable under the applicable laws of the no-fault jurisdiction in which the accident occurred, as if the insured person were a resident of the no-fault jurisdiction. If an Alberta resident was an occupant of an automobile in Saskatchewan at the time of the accident, therefore, the Alberta regulations require that insurance benefits for his injuries be determined according to The Automobile Accident Insurance Act of Saskatchewan (the “Act”). In particular, Part VIII of the Act determines the benefits the injured Alberta resident will receive. These may include rehabilitation benefits, income replacement benefits, permanent impairment benefits, and potentially other more specific benefits. As the specific provisions of the Act are relatively complex, insurers of drivers injured in Saskatchewan are encouraged to seek legal advice on the benefits to which their insured may be entitled. McKercher LLP has proudly served the insurance industry since the firm’s inception, and has capable lawyers in both Regina and Saskatoon experienced with advising the insurers of persons resident in Alberta when their insureds are injured in Saskatchewan. About the author: Dean is an associate in the Saskatoon office where he focuses on the areas of insurance law, health law, class action defence, and construction law. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.

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