Can I Sue the At-Fault Driver for Pain and Suffering Under No-Fault?

Under Alberta’s upcoming no-fault auto insurance system (effective January 1, 2027), you will generally not be able to sue the at-fault driver for pain and suffering after a motor vehicle accident.

How Pain and Suffering Claims Work Today

• In Alberta’s current tort-based system, accident victims can sue the driver who caused the crash for:
  • Pain and suffering damages
  • Loss of enjoyment of life
  • Emotional distress linked to the injury
• Courts or negotiated settlements determine compensation, which is based on the severity and long-term impact of the injuries.

This is often one of the most significant parts of a personal injury claim.

How No-Fault Changes This

• Starting in 2027, accident victims will turn to their own insurer for benefits.
• Compensation will be limited to set amounts, primarily covering medical expenses and income replacement.
• Pain and suffering claims will be eliminated in most cases.
• There will no longer be a right to sue the at-fault driver for loss of enjoyment of life or emotional harm.

Are There Any Exceptions?

The government has signaled that there may be very limited exceptions, such as:

• Catastrophic injuries where the impact is extreme and permanent.
• Cases of insurer misconduct (e.g., an insurance company acting in bad faith).

However, these exceptions will be rare, and the vast majority of accident victims will not be able to pursue pain and suffering damages under no-fault.

Why This Matters for Albertans

• Pain and suffering awards often recognize the human cost of an injury — things like chronic pain, inability to return to hobbies, or permanent lifestyle changes.
• Removing these claims means many people will be left with less overall compensation after a crash.

As of August 2025, Albertans injured before December 31, 2026 still have the right to sue for pain and suffering. Once no-fault takes effect in 2027, that right will be gone for most people.