What Happens If I’m Injured Before January 1, 2027?

If you are injured in a motor vehicle accident before Alberta’s no-fault auto insurance system begins on January 1, 2027, your case will be handled under the current tort-based system. This means you still have the right to sue the at-fault driver and pursue full compensation for your losses.

Your Rights Under the Current System (Before 2027)

If your accident occurs any time up to December 31, 2026, you may still claim compensation for:

• Pain and suffering damages
• Loss of income or reduced earning capacity
• Medical expenses and rehabilitation costs
• Out-of-pocket expenses
• Long-term care and support needs

Unlike the no-fault model, which pays only fixed benefits, the current system allows you to recover compensation based on the actual impact of your injuries.

Will My Case Be Affected by the Change to No-Fault?

No — if your accident happens before 2027, your claim will continue under the old rules, even if the lawsuit or settlement process carries on after no-fault takes effect. The law that applies is based on the date of the accident, not when the case is resolved.

Why Acting Quickly Matters

As of August 2025, there are fewer than 16 months left before Alberta switches to no-fault. This short window means:

• Injured people should not delay seeking legal advice.
• Waiting too long may risk missing important deadlines for starting a claim.
• Filing now ensures your rights are protected under the current, more generous system.

What If I’m Injured Late in 2026?

Even if your accident happens in December 2026, your case will still be eligible under the current tort-based rules. You can pursue a claim for pain and suffering, lost income, and other damages — even though your case will likely carry on into 2027 or later.