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A BRIEF LOOK
The Société de l'assurance automobile du Québec administers a public no-fault automobile insurance plan. All Quebecers are compensated for bodily injuries resulting from a road accident, regardless of who is at fault, everywhere in the world; non-residents injured in a road accident in Québec will be compensated according to their degree of responsibility, unless Québec has signed an agreement with their country of residence.
You have three years from the date of the accident, or the date on which bodily injuries incurred in the accident manifest themselves, to submit a claim for compensation.
The Automobile Insurance Act of Québec provides for the reimbursement of real lost income and compensation for ongoing after-effects of the accident and expenses incurred.
There are various categories of victim (full-time and part-time workers, unemployed people, students under 16 and over 16, etc.).
If victims are unable to resume employment after the seven-day waiting period mentioned in the Act, they will be compensated for 90% of their net salary for as long as they remain incapacitated, in the opinion of their physician, or the physician designated by the SAAQ.
Victims who are unemployed at the time of the accident will also be entitled to an income replacement indemnity, if their incapacity lasts more than 180 days: the legislator considers that people should not remain unemployed for long. If it is shown, however, that the individual could have held a job during the first 180 days if it hadn't been for the accident, the Société will pay an income replacement indemnity.
In short, there is a mechanism for determining whether to compensate each category of victim, always keeping in mind the real loss of income incurred.
As for expenses incurred because of the accident, they are reimbursable according to maximum amounts set by regulation. Such expenses must not be covered by any other public plan, and you must supply receipts or other supporting documents.
Besides expenses such as medication, eyeglasses, prostheses and orthopedic devices, ambulance transportation, etc., you can also be reimbursed for home care costs if prescribed by your physician. You may also be compensated for escort services to receive treatment; this form of compensation is called an "availability allowance."
The SAAQ may also, if it deems necessary, contribute to the victim's rehabilitation costs. It can cover home adaptation costs of someone who becomes paraplegic or the training expenses of a victim who is unable to resume her or his normal employment, so they may re-enter the labour force.
And, of course, the Act provides for an indemnity in the case of death. A lump sum will be paid to surviving spouses, dependants, or to the estate of a person with no spouse or dependants. The amounts are computed based on the age of entitled persons; in the case of an estate, amounts are set by regulation. In addition, a lump sum is also available to cover funeral expenses.
It is important to note that victims of a road accident on the job (e.g. a bus driver), should submit their claim to the CSST, while victims injured by a car in the course of offering assistance to a person in distress should take advantage of indemnities offered by the SAAQ, the Crime Victims Compensation Act (IVAC), and the Act to Promote Good Citizenship .
You have 60 days in which to request a review of decisions rendered by the SAAQ. The Bureau de révision (review office) will render a decision on the file unless a formal application is submitted. In such a case, a meeting with a reviewer is arranged. If the decision is negative, it may be appealed before the Tribunal administratif du Québec. You have 60 days in which to file an appeal and the Tribunal's decision is considered final.
Recently a conciliation procedure was established in which SAAQ officials meet with victims and their lawyers to try to find a satisfactory resolution for all parties. If properly prepared, this recourse can be a very good solution: less onerous, it offers a significant success rate within a more than reasonable time frame.
Note that under an agreement between the SAAQ and the RRQ, the SAAQ can order a victim who is considered disabled to file a claim with the Régie des Rentes du Québec so that this agency pays part of the pension paid by the SAAQ.
As you can see, this Act is quite complex, and this article gives only a very brief glimpse of its contents. It is very important to be informed. This is why we are offering you assistance, accompaniment and referrals. Take advantage of our services. The first consultation is free of charge. | 
