You were in a car crash. Now what? Trying to figure out what to do following a car crash can be stressful. After you take the crucial immediate steps following a crash, you may wonder whether or not you have a legal claim to bring forward as a result of your injuries, and how long you have to do so.
How Long Do You Have to File a Car Accident Claim in Alberta?
According to Alberta's Limitations Act, you typically have up to two years from the date of a car crash to file your claim in court. Missing the deadline to file your claim can result in you losing your right to compensation. It is important not to wait all the way until the two-year deadline to act, as filing a claim in court requires diligence and can require additional documentation to ensure that your claim is filed properly. You should reach out to a lawyer as soon as you can following a car crash.
Exceptions to the Two-Year Deadline
While the two-year deadline applies in most cases, there are exceptions such as Albertans with a disability or those who were under the age of 18.
If the injured individual is under 18 years of age at the time of the car crash, the limitation period doesn't start until they turn 18, or two years from when notice is given by the at-fault party, which would be the other driver in this case. This rule was put into place to give the minor time to pursue their claim when they are ready.
If the injured individual was disabled, the two-year limitation period is suspended during any period of time that the claimant is considered a "person under disability". A "person under disability" typically means an adult who is unable to make reasonable judgements in respect of matters relating to their claim. The injured individual is responsible for proving that they were under a disability causing the two-year limitation period to be suspended. For example, in the extreme case that you were brought to hospital and unable to make any decisions because of a brain injury or were left in a coma, your two-year timeline would not begin until you were in a state where you could make reasonable decisions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
