Alberta Car Accident Claims: Section B Benefits, the Minor Injury Cap, and the Coming Care-First System

Alberta's auto insurance system today pairs a private tort right to sue with no-fault Section B accident benefits and a capped amount for minor-injury pain and suffering, and the province has already passed a law moving every driver to a different, no-fault Care-First system starting January 1, 2027, though that new system is not in force yet and its final regulations remain unconfirmed as published.

Information last verified on 2026-09-24. This article has not yet been reviewed by a licensed lawyer.

This article covers motor vehicle accident benefits and the right to sue in Alberta under the Insurance Act, RSA 2000, c I-3, its Automobile Accident Insurance Benefits Regulation and Minor Injury Regulation, the Traffic Safety Act, RSA 2000, c T-6, and the Limitations Act, RSA 2000, c L-12, together with the announced Automobile Insurance Act (Bill 47, SA 2025). It covers today's system in detail and treats the announced Care-First system as a separate, not-yet-in-force change. It does not cover any other province's insurance model; for a side-by-side comparison of every Canadian province and territory, see Car Accident Claims and Auto Insurance Across Canada. For what happens when the at-fault driver flees the scene, see Alberta Hit and Run Laws.

Today's System: The Right to Sue in Alberta

Alberta has not adopted a no-fault model for the right to sue itself. A not-at-fault driver can generally sue the driver who caused the crash for damages, with two significant limits. Alberta's own government comparison of the current and announced systems states the limits directly.

"Current system: Not-at-fault drivers could sue for damages. No possibility to sue for people injured in a single vehicle collision or if they are an at-fault driver." (alberta.ca, Care-First auto insurance comparison)

That comparison is shorthand, and the same government page puts the current rule more precisely elsewhere: "Not-at-fault drivers can sue in most circumstances, except for narrowly defined minor injuries." The Insurance Act contains no general bar on suing for bodily injury; its limit on injury damages is the minor injury cap in section 597.

What the shorthand describes is the need for someone else at fault. A driver who caused the crash, including the only driver in a single-vehicle collision, generally has no one to sue for their own injuries. A passenger hurt in a single-vehicle collision can sue the driver who caused it, subject to the minor injury cap described next, and Section B benefits are paid regardless of fault.

The Minor Injury Cap for 2026

A minor injury cap is a limit on one category of damages, not a bar on suing. It applies only to non-pecuniary, meaning pain-and-suffering, damages for an injury that meets the regulatory definition of minor. It does not cap wage-loss damages, medical expenses, or any damages for an injury that falls outside that definition.

Alberta's government comparison page gives the current figure.

"Maximum $6,306 for pain and suffering damages plus out-of-pocket expenses." (alberta.ca, Care-First auto insurance comparison)

The authority is the Minor Injury Regulation, Alta Reg 123/2004, made under section 597 of the Insurance Act. The regulation fixed the amount at $6,182 for 2025 and increases it each January 1 by the Alberta escalator (s.6(5.1) and (5.2)). The Deputy Superintendent of Insurance's Interpretation Bulletin 05-2025 confirms that, effective January 1, 2026, the cap rose by two per cent, from $6,182 to $6,306, for accidents in Alberta on or after that date. The amount for a calendar year applies only to accidents that happen in that year (s.6(6)), so a crash in 2025 is capped at $6,182 even if the claim settles later.

A minor injury means a sprain, strain or whiplash-associated disorder (WAD) injury caused by the accident that does not result in a serious impairment, including, for injuries on or after November 1, 2020, clinically associated physical or psychological sequelae that do not result in a serious impairment (s.1(h)). If a claimant has both minor and more serious injuries, and the more serious injuries assessed alone would be worth no more than the cap, the pain-and-suffering award for all the injuries together stays capped (s.7(2)(a)).

Section B: No-Fault Benefits That Apply No Matter Who Caused the Crash

Section B accident benefits exist alongside the right to sue, not instead of it. They are paid under a driver's own policy regardless of fault, under the Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972, made under the Insurance Act.

Medical costs. The regulation sets a per-person ceiling.

"necessary medical, surgical, chiropractic, dental, hospital... to the limit of $50 000 per person." (Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972)

Weekly disability benefit. The regulation sets the payment as the lower of two figures, with a waiting period and a maximum duration.

"The weekly benefit payable shall be the lesser of: (a) $600 per week, and (b) 80% of the average gross weekly earnings... No benefit shall be payable for the first seven days of such disability or for any period in excess of 104 weeks." (Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972)

The weekly benefit is available only if the person "was employed at the date of the accident" and, within 60 days of the accident, the injury prevents them from performing every duty of their occupation or employment.

Death benefits. The regulation sets a schedule of base amounts by the age and status of the deceased, for example $10,000 for a head of household or spouse aged 18 to 64. For the death of a head of household, the principal sum rises 20% for each survivor after the first where there are two or more survivors, and the benefit rises by $15,000 for the first spouse, adult interdependent partner or dependent relative survivor living in the household and by $4,000 for each remaining survivor. Funeral expenses are payable up to $6,150, and grief counselling up to $500 per family.

How Long You Have to Sue: The Limitation Period

Alberta's Limitations Act, RSA 2000, c L-12, sets a discoverability-based limitation period with an outer ultimate limit.

"if a claimant does not seek a remedial order within (a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known, (i) that the injury for which the claimant seeks a remedial order had occurred, (ii) that the injury was attributable to conduct of the defendant, and (iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding, or (b) 10 years after the claim arose..." (Limitations Act, RSA 2000, c L-12, s.3(1))

In practice, that means the clock generally starts running once an injured person knew or should have known that they were hurt, that the crash caused it, and that pursuing a claim was worthwhile, not necessarily on the date of the crash itself, but a claim is barred outright once 10 years have passed regardless of discovery. For how limitation periods work across Canada more generally, see Statute of Limitations in Canada.

Driving Without Insurance in Alberta

The Traffic Safety Act, RSA 2000, c T-6, requires insurance to drive on an Alberta highway and sets the penalty for not having it.

"54(1) ... a person shall not do any of the following: (a) drive a motor vehicle on a highway unless the motor vehicle is an insured motor vehicle..." (Traffic Safety Act, RSA 2000, c T-6, s.54(1))

For an individual, the penalty on a first contravention is a fine of not less than $2,500 and not more than $10,000, with imprisonment of not less than 45 days and not more than 6 months in default of payment. A second contravention within 5 years carries a fine of $5,000 to $20,000, with imprisonment in default of 60 days to 6 months. A corporation faces $5,000 to $20,000 for a first contravention and $7,500 to $25,000 for a subsequent one.

Some commercial sites describe the first-offence fine as $2,875, including a victim fine surcharge. The Traffic Safety Act's own statutory minimum is $2,500; the higher figure appears to add a separate surcharge on top of that minimum rather than stating a different statutory number.

If a notice of administrative penalty is issued under the Provincial Administrative Penalties Act instead of a court prosecution, the penalty is the amount prescribed under that Act (s.54(4)(b)).

A peace officer who reasonably believes a vehicle is being driven in contravention of the insurance requirement may seize or immobilize it, and the registrar may administratively disqualify the person from driving until they provide proof of financial responsibility. The Registrar may also cancel the registration of every motor vehicle the person owns (s.54(7)).

Care-First: What Changes on January 1, 2027 (Not Yet in Force)

Everything above describes today's system. Alberta has also passed a law that will replace it. This section is kept separate deliberately, because the two systems are not the same law and should not be blended together.

The Automobile Insurance Act (Bill 47, SA 2025) received Royal Assent on May 15, 2025. Alberta's own government page states the effective date directly.

"Starting January 1, 2027, Alberta's new auto insurance system will put care first..." (alberta.ca, Care-First auto insurance)

As of this article's verification date, Care-First is not in force. The current, private tort-and-Section-B system described in the sections above is what actually applies to a claim today. The Act itself says "This Act comes into force on Proclamation" (s.104); January 1, 2027 is the government's announced start for the new system. The Act is enabling legislation that leaves many details, including which driving offences reopen a lawsuit, to regulations. Alberta said further regulations could be introduced in the fall of 2025; whether all of them have been finalized and published was not confirmed for this article. Disputes over care and treatment decisions will go to a new Alberta Automobile Care-first Tribunal, which the Act establishes (s.83(1)).

Alberta's government materials describe higher announced benefit levels once Care-First takes effect, including income replacement up to $125,000 per year, spousal support up to $600,000 in the event of a death, and a permanent impairment benefit that the same government page states in two different places as up to $295,000 in one section and up to $298,520 in another. That discrepancy appears on the government's own page and has not been resolved by this article; readers should treat the exact permanent impairment figure as unsettled until Alberta corrects or clarifies it. The government materials also describe unlimited medical and rehabilitation treatment under Care-First, in contrast to today's $50,000 medical cap, though the exact regulatory mechanics of that unlimited coverage were not available in the Act's operative text for this article.

Care-First also narrows the right to sue. The Act's basic rule is that a person "has no right of action and must not commence or maintain proceedings respecting bodily injury or death sustained in an accident" (s.4). The government describes the main exception this way:

"Can sue if at-fault driver is found guilty of certain serious offences, such as dangerous operation of a vehicle, drunk driving or fleeing law enforcement." (alberta.ca, Care-First auto insurance)

Those offences are examples. The Act allows a suit for pain and suffering and punitive damages against a driver whose use of a vehicle caused the injury and who is convicted of Criminal Code or Traffic Safety Act offences prescribed by regulation (s.80(1)(a)). It also allows those claims against listed third parties whose acts contributed to the injury: an automobile manufacturer, a maker or supplier of parts, a seller of automobiles, a garage services operator, a liquor licence holder, a social host who serves liquor, and the municipality responsible for the road, along with others prescribed by regulation (s.80(2) and (3)). Separately, a person can sue for pecuniary losses above the benefit maximums, such as earnings above the income replacement ceiling (s.81).

The minor injury cap concept itself may not survive the transition unchanged. Care-First is expected to use a different injury-severity framework, so a page written after January 1, 2027 should not assume the $6,306 figure simply gets a new number under the new system; that needs a fresh check once Care-First actually takes effect.

Disclaimer: This article provides general information about Alberta's current motor vehicle accident benefits and right-to-sue framework under the Insurance Act, RSA 2000, c I-3, its regulations, and the Traffic Safety Act, RSA 2000, c T-6, and about the announced but not-yet-in-force Care-First system under the Automobile Insurance Act (Bill 47, SA 2025), current as of September 2026. It is not legal advice. Whether all of Care-First's implementing regulations have been published, including the regulation listing the offences that reopen a lawsuit, and the $295,000 versus $298,520 discrepancy in Alberta's own Care-First materials were not independently confirmed and are flagged as open rather than stated as fact. Consult a lawyer licensed in Alberta for advice on your specific situation.

Frequently Asked Questions

Can I sue after a car accident in Alberta right now, before Care-First takes effect?

In most cases, yes, if someone else caused the crash. A driver who caused it, including the only driver in a single-vehicle collision, generally has no one to sue for their own injuries, but a passenger in a single-vehicle collision can sue the driver who caused it. A claim for pain and suffering from a minor injury is capped at $6,306 for 2026 accidents rather than barred.

What is Alberta's minor injury cap for 2026?

$6,306 for accidents in 2026. The Minor Injury Regulation escalates the amount each January 1 from $6,182 in 2025, and the amount for the year of the accident is the one that applies. It caps pain-and-suffering damages for an injury that meets the regulatory definition of minor; it does not cap wage-loss damages, medical expenses, or damages for an injury outside that definition, and it does not bar the underlying lawsuit.

What does Section B pay, and do I need to sue to get it?

No lawsuit is required. Section B pays no-fault benefits under a driver's own policy regardless of who caused the crash: medical and related costs up to $50,000 per person, and, if you were employed when the accident happened, a weekly disability benefit equal to the lesser of $600 per week or 80% of average gross weekly earnings, for up to 104 weeks after a 7 day waiting period.

Is Care-First already in effect in Alberta?

No. Care-First is scheduled to take effect on January 1, 2027 under the Automobile Insurance Act (Bill 47, SA 2025), which received Royal Assent on May 15, 2025. The Act comes into force on proclamation. As of this article's verification date, the Care-First system is not yet in effect, and whether all of its implementing regulations have been published remains an open question.

What happens if I am caught driving without insurance in Alberta?

The Traffic Safety Act sets a first-offence fine of not less than $2,500 and not more than $10,000 for an individual, with imprisonment of 45 days to 6 months in default of payment. A peace officer may also seize or immobilize the vehicle, the registrar can suspend driving privileges until proof of insurance is shown, and the registrar may cancel the registration of every vehicle you own.

How long do I have to file a lawsuit after a car accident in Alberta?

Generally 2 years from when you knew or ought to have known that the injury occurred, that it was caused by the other driver, and that it was worth pursuing, subject to an outer limit of 10 years from when the claim arose, under the Limitations Act.