The Care-First Auto Insurance model takes effect in January 2027, and the government of Alberta says it’s still assessing regulations and the extent to which victims retain the right to sue.The right to sue was raised as a question at a media briefing Wednesday. Crossing a red light, potentially hitting other vehicles or pedestrians, was one of the questions raised at the briefing, asking whether potential victims would be able to sue under the new no-fault system.Here’s the response: “(The) government has not yet made a decision on the extent to which litigation would be available to injured parties.”Under the Care-First model, Albertans retain the right to sue at-fault drivers in specific situations. They can claim pain and suffering damages if the driver is convicted of certain offenses, including driving- or murder-related crimes under the Criminal Code, or impaired driving and failure to stop under the Traffic Safety Act, according to a report prepared by the government.Injured victims may also sue for out-of-pocket expenses that exceed their auto insurance benefits, but only for costs covered by Care-First. Expenses for treatments chosen by the injured person that lack medical evidence or do not aid functional recovery are excluded from court claims, reads the report..Advocates say a no-fault insurance model in Alberta could take away victims’ rights, put a strain on the healthcare system.One lawyer argues that retaining the right to sue for someone convicted of a traffic offense or Criminal Code violation can be unfair for injured victims.“In the winter months, where there could be hundreds of accidents a day, most of the time the police don’t even show up to the scene and just have the people involved attend a police station. Even if someone failed to stop at a red light, stop sign, etc., if the police don’t show up, no one gets a ticket. This is unfair for the innocent person that was injured in an accident by a reckless driver,” the Founder and CEO of Crash Lawyers, Ricky Bagga, told the Western Standard Thursday.“Another example is when a drunk driver hits an innocent person. Both people are rushed to the hospital. In cases like this, medical staff and parties are taking all steps to save a life, and don’t necessarily ticket the offender. Again, in this instance, the innocent party gets their rights taken away from them.”“I can tell you that I have over 1,000 clients in my firm and only two of them are instances where the at-fault driver wasticketed or charged."Bagga added that in the rare case someone is ticketed, they can just hire a ticket defense agency, pay a few hundred dollars, and get the ticket withdrawn..WATCH: Calgary man rebuilds life after receiving more than $1M in auto insurance settlement.According to the government, the Care-First Auto Insurance system aims to deliver faster support for victims affected by crashes. It will prioritize timely medical care and support over legal battles, ensuring all injured parties—drivers, passengers, pedestrians, and cyclists—receive necessary treatment regardless of fault, while maintaining legal accountability and premium adjustments for at-fault drivers, according to the report.The new system also expands income replacement benefits, providing up to 90% of net income (capped at $125,000 annually) for those unable to work or study due to injuries, with payments continuing as needed up to age 65. Special provisions support students, minors, caregivers, and unpaid family workers. Caregiver and childcare expense benefits are also included, reads the report.However, benefits will be denied for claimants convicted of serious driving offenses or those already unemployable before the accident. Payments end when individuals can return to work or after five years for those over 60 at the time of injury, according to the report.The new Care-First model will come into effect upon proclamation of the new Automobile Insurance Act, which is anticipated for January 1, 2027.More information is available in this article..‘Price controls create shortages’: Albertans feeling the pinch as some insurers pull out, rates increase
