By Carol Robinson LLP
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October 2, 2024
Did you know that when a person is insured in Alberta, their insurance has a statutory obligation to defend them, help them with any lawsuits brought against them, hire legal counsel for them if necessary, and ultimately pay out any claims that are brought. Many people don’t like the idea of bringing lawsuits in general and especially when they are injured in an accident that was caused by a friend or family member. We often here that they don’t want to be “that kind of person” or that they don’t want to sue their family members or friends. The truth is, however, that insurance exists to help injured people. Your friend has likely been paying premiums for years and likely would not be against that insurance company paying out for your injury. We can’t imagine a world where everyone would wish the insurance company would just keep their money while you suffer. Remember, when you bring a claim, it is made through their insurance. Alberta has an “at fault” insurance model which means that if someone is at fault for an accident, their insurance must step in and pay the claim. So long as the person who caused the accident has insurance, they do not pay any damages awarded personally and it is the insurance company that is ultimately responsible for paying. If you do not bring a claim, you will not be able to rightfully recover from insurance benefits and damages that you are legally entitled to collect. It can be a strange thought to bring a claim against someone you know, but ultimately, insurance exists to help you when you are injured, and to help if you cause a collision. There is no downside to bringing a claim, but a huge downside if you do not.