Being involved in a car accident is a jarring and overwhelming experience. In the chaotic moments following a collision on Deerfoot Trail or a busy Calgary intersection, it is easy to feel lost about what steps to take next.
At Roberts Law, we understand that the aftermath of a motor vehicle accident is often just as stressful as the crash itself. Navigating the Alberta insurance system, seeking medical treatment, and pursuing fair compensation requires a clear roadmap. Here is a step-by-step guide to what happens after a car accident in Alberta, from the initial insurance claim to the final personal injury settlement.
Step 1: The Immediate Aftermath and Reporting
Your first priority is always safety and health. Check yourself and others for injuries and call 911 if anyone requires emergency medical attention.
In Alberta, you are legally required to report the accident to the police if:
Anyone is injured or killed.
The combined property damage to all vehicles exceeds $2,000.
You suspect the other driver is guilty of a Criminal Code offence (such as impaired driving).
Before leaving the scene, exchange contact and insurance information with the other drivers involved and collect contact details from any witnesses. Take photographs of the scene, the vehicle damage, and the road conditions if it is safe to do so.
Step 2: Notifying Your Insurance Company (Section B Benefits)
Regardless of who is at fault for the accident, you must notify your own insurance company as soon as possible. In Alberta, every standard auto insurance policy includes “Section B” or “No-Fault” accident benefits.
Section B benefits are designed to cover immediate medical treatments, rehabilitation (like physiotherapy or chiropractic care), and a portion of your lost wages, up to a specified limit. You must fill out the necessary forms (such as the AB-1 form) promptly to access these benefits. A personal injury lawyer can assist you with this paperwork to ensure your treatment is not delayed.
Step 3: Medical Assessment and Treatment
Even if you feel fine immediately after the crash, adrenaline can mask the symptoms of soft tissue injuries, whiplash, or concussions. See a doctor as soon as possible and follow their recommended treatment plan carefully.
Your initial diagnosis is critical. In Alberta, insurance adjusters often try to classify injuries under the Minor Injury Regulation (MIR), which caps the amount of compensation you can receive for “pain and suffering.” However, not all injuries fall under this cap. Chronic pain, severe impairments, fractures, and traumatic brain injuries are exempt. Documenting your symptoms and adhering to your medical treatments will help your lawyer build a strong case if your injuries are more severe than the insurance company claims.
Step 4: Building Your Personal Injury Claim
If the accident was caused by another driver’s negligence, you have the right to pursue a tort claim against them (handled by their insurance company). This is where the expertise of Roberts Law becomes invaluable. We handle the heavy lifting of building your case, which includes:
Gathering evidence, police reports, and witness statements.
Consulting with medical experts to determine the long-term prognosis of your injuries.
Calculating the full extent of your damages, including pain and suffering, lost income, loss of future earning capacity, and the cost of future medical care.
Step 5: Negotiation and Settlement
Once you have reached Maximum Medical Improvement (MMI)—the point at which your condition has stabilized and is unlikely to improve further—we will present a comprehensive demand to the at-fault driver’s insurance company.
This triggers the negotiation phase. Insurance companies want to settle claims for as little as possible. At Roberts Law, we counter lowball offers with hard evidence. We prepare every file with a litigation-first mindset. If the insurance company refuses to offer a fair settlement that reflects the true impact the accident has had on your life, we are fully prepared to take the matter to trial to fight for what you deserve.
Do Not Wait to Protect Your Rights
In Alberta, you generally have two years from the date of the accident to file a lawsuit against the at-fault driver. However, waiting too long can result in lost evidence and forgotten witness details. The sooner you involve legal counsel, the stronger your claim will be.
Take the guesswork out of your recovery. Contact Roberts Law today for a free, confidential review of your car accident claim:
Phone: 587-324-2397
Email: info@robertslawyyc.com
Office: Unit #209 – 340 Midpark Way SE, Calgary, AB
Website: robertslawyyc.com
Disclaimer: This article is for informational purposes only and does not constitute legal advice.