Can a passenger sue after a car accident in Alberta?

Passengers

A passenger is almost never at fault and can generally claim regardless of which driver was responsible, including when the driver was a friend or family member. The claim is against insurance, not against the person.

Children

The two-year limitation period is suspended while a claimant is a minor.

Pedestrians and cyclists

Struck by a vehicle, you claim through the insurer of the vehicle involved, including Section B benefits.

Drivers partly at fault

Fault is apportioned. Partial responsibility reduces a claim, it doesn't end one.

Families in fatal cases

Dependants may have claims for loss of support, and funeral and grief counselling benefits are available.

If the driver was uninsured or unidentified

Alberta's Motor Vehicle Accident Claims Program may apply. It must be notified within 90 days, a much shorter window than most people expect.

Common questions

Can a passenger sue the driver after an accident in Alberta?

Generally yes. A passenger is almost never at fault and can claim regardless of which driver was responsible, including when the driver was a friend or family member. The claim is against insurance, not against the person.

Can I still claim if the accident was partly my fault?

Yes. Alberta divides responsibility between the people involved. Partial fault reduces a claim in proportion to your share; it does not eliminate it.

What if the driver who hit me was uninsured or drove off?

Alberta's Motor Vehicle Accident Claims Program can apply. It must be notified within 90 days, a much shorter window than most people expect.

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.