How long do you have to file an injury claim in Alberta?

Two years for most claims under Alberta's Limitations Act. But three earlier deadlines come first, and missing any one of them can end a claim before anyone looks at it.

Within 30 days: notify the insurer

Notice of the accident must go to the insurer within 30 days. If that isn't reasonable because of hospitalisation or serious injury, it must be given as soon as practicable. Pedestrians and cyclists notify the insurer of the vehicle involved.

Within 60 days: disability benefits form

Form AB-1A, Claim for Disability Benefits, if time has been missed from work.

Within 90 days: medical benefits form

Form AB-1, Notice of Loss and Proof of Claim, for treatment coverage.

Within 2 years: the limitation period

The outer deadline for a claim against an at-fault driver, and for Section B benefits. After two years, in most cases, the claim is gone regardless of how serious the injury was.

The exception that matters: the two-year clock is suspended while a claimant is under 18. For a child, it generally doesn't begin until their eighteenth birthday. A child injured at 12 may still have a claim years after a parent was told it was too late.

Section B benefits are paid regardless of who caused the collision, and using them does not raise your premium. Being at fault for the accident itself can. Using the benefits does not.

Sources: Limitations Act (Alberta) s. 3 and s. 5.1; alberta.ca automobile insurance forms (AB-1, AB-1A).

Common questions

How long after a car accident can I file a claim in Alberta?

Two years from the date of the collision for a claim against an at fault driver, under Alberta's Limitations Act. Shorter deadlines come first: insurer notice within 30 days, the AB-1A disability form within 60 days if you have missed work, and the AB-1 medical benefits form within 90 days.

What if the injured person is a child?

The two year clock is suspended while a claimant is under 18, so for a child it generally does not begin until their eighteenth birthday.

Do I have to notify my insurer even if the crash was not my fault?

Yes. Notice should go to your insurer within 30 days regardless of fault, and Section B benefits come through your own insurer no matter who caused the crash. Using those benefits does not raise your premium.

This page is general information about Alberta injury claims. It is not legal advice, and every claim turns on its own facts. A licensed Alberta injury lawyer can review your situation at no cost: start a free case review.