Getting into an accident in your home province is difficult enough, but what happens when you are involved in an accident away from home? This blog will explore some of the basics that you should be aware of when traveling.
What laws apply to an out-of-province accident?
The laws that apply to a car accident are the laws of the province where the accident happened. For example, if you are involved in a car accident in BC, the BC rules will apply, even if you are from Alberta. Because each province in Canada has its own automobile insurance system, the rules that apply to an accident outside of Alberta could be very different from the rules that would apply within Alberta.
Am I able to access accident benefits if I am in an accident out-of-province?
After an accident in Alberta, if you have an Alberta automobile insurance policy, you are entitled to benefits called accident benefits or Section B benefits under the Alberta legislation. More information about these benefits can be found here.
However, this may not be the case if you are involved in an accident outside of Alberta. In certain provinces, the Alberta Section B benefits would still be available after an accident, but in other provinces with what is a called a “no fault” system (ex. British Columbia), the benefits you receive will be governed by the applicable legislation in that province.
Can I sue for personal injury after an out-of-province accident?
Because the laws that apply to a car accident are the laws of the province where the accident happened, the law that says whether you are able to sue after an accident will be different depending on what province you are in. For example, if your accident happens in BC, where a no-fault system is in place, you will not be entitled to sue the other driver for damages after the accident.
What should I do after an accident out-of-province?
The steps to take after an accident out-of-province will be similar to those taken after an accident in Alberta. You can read more about these steps here.
However, an additional step that you can take would be speaking with a lawyer from the province where your accident happened who can help you figure out what the laws in that province say about your right to sue and the benefits you might be entitled to after an accident.