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Updated Changes to Alberta’s CAP Claims in Calgary for 2021-2022


Red car that suffered an accident.

If you've experienced a motor vehicle injury in Calgary, you need to know the limits to your compensation. You may not be eligible for the money you think you deserve because Bill 41 introduces new injuries that fall under payout limits. These changes will affect any CAP claims Calgary citizens may be filing after experiencing a car injury. Although the rate of motor vehicle accidents dropped in 2020 for Calgarians, still over 22,500 collisions happened in the city. So, what will the updated changes to the minor injury regulation mean for Calgary drivers if they experience one of these numerous accidents? The changes offer a bit more compensation and also add some limits to what you can claim. Read on to learn what CAP claim limitations mean for you.


What Is a CAP Claim?

Introduced in 2004 in Alberta, CAP claims limit the payable amount insurance companies need to provide for those who experience minor injury and "pain and suffering" from collisions. A minor injury includes sprains, whiplash, strains, and other soft-tissue damage. According to the Alberta government, CAP claims only apply to injuries that will not have a long-lasting negative impact or life-changing repercussions. CAP claims limit the payout owed for experiencing a minor traffic injury, which is said to keep the cost of insurance rates down and the need for drawn-out legal proceedings. It is still important to always seek legal advice from a trusted law firm, like Stephens Holman Devraj, when involved in a car accident, even if it is minor. Other legislation attached to the CAP claim laws allows drivers that are not at fault to contact their personal insurance company to arrange their own vehicle repairs. This intends to speed up the claims process. Also, this legislation hopes to prevent third-party damages for minor accidents.

Changes to CAP Claims in Calgary

Effective at the start of the year, January 1st, 2022, minor, soft-tissue injuries that result from motor vehicle accidents were granted an increase to the CAP amount. The limit now sits at $5,488 for compensation for "pain and suffering." The government amends this amount each year to reflect the rate of inflation. Bill 41 makes changes to CAP claim legislation by expanding the definition of what a minor vehicular injury is. When first introduced in 2004, minor injury described strains, sprains, and whiplash. Now, in 2021, this definition also includes any psychological damage that occurs due to these injuries. The scope of the CAP limit didn't include psychological injury before. With it now under the umbrella of insurance CAP claims, this may affect the payout you deserve after experiencing a car accident.

TMJ injuries, which are ones related to the jaw joint and jaw muscles, were previously excluded from CAP limits. Bill 41 changes now include injuries related to TMJ under the CAP limits. One benefit of this change is it now allows dentists to assess if a TMJ minor injury occurred. Including dentists to assess this injury may speed up the process for those people seeking compensation, but it likely benefits insurance companies more. Increases to the payout limits for treatment services such as chiropractic, massage, and counselling rolled in for January 1, 2021, as well.

Talk to the Calgary Personal Injury Claim Experts

For CAP claims in Calgary, updated changes will affect you if your accident occurred after October 31, 2020. So, for any Calgarian with a vehicle injury, expert advice from Stephens Holman Devraj is the best way to move forward with your claim. If you are experiencing pain and suffering and need an advocate that will fight for your rights against Big Insurance, reach out to us today. For more information on changes to injury payout limits, schedule an appointment to speak with our knowledgeable experts, located at 16th Ave NE, Calgary. Stephens Holman Devraj is here to get you what you deserve!

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