Alberta lawyers express concerns with auto insurance overhaul set to come into affect
Alberta's legislation to overhaul the auto insurance system is set to come into affect pending royal assent and lawyers are expressing their disappointment with the bill for limiting litigation.
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In late March the province introduced legislation which aims to make Alberta the first province in Canada to adopt a privately delivered 'care-first' auto insurance system. Under the new model, Albertans would have limited ability to pursue legal action, except in select cases, which has been a major concern for many lawyers.
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The Canadian Bar Association (CBA) Alberta branch said in a press release on Wednesday that it is 'disappointed' that the province had passed the bill without considering public opinion or legal input.
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'This is a fundamental change to how care and compensation are delivered,' CBA Alberta president Robert Bassett said.
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'Albertans told us they value fairness, accountability and the ability to seek justice. These concerns should have been central in shaping this legislation.'
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In a statement to Postmedia, the office of the minister of finance said at-fault drivers would be penalized with higher premiums and accident victims will have access to the 'best medical benefits of any insurance system in Canada while paying lower premiums when the system is fully implemented in 2027.'
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Mark McCourt, an auto accident injury lawyer, has been vocal about his concerns about the auto insurance changes, specifically when it comes to the limited litigation. He said he is also disappointed the bill passed without amendments.
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'While I recognize that this bill is open for improvement, regulations can be passed to afford some semblance of fairness for injured Albertans. The reality is a government that's willing to pass a bill as unpopular, unfair and unnecessary as this one is highly unlikely,' McCourt said.
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He said Albertans will see large increases to their premiums over the next two years and will have their rights to bring injury claims against at-fault motorists disappear.
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Under the bill, in some cases Albertans who were injured in collisions would be able to sue at-fault drivers for pain and suffering damages if the driver was convicted of an offence under the Criminal Code or Traffic Safety Act.
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