Alberta lawyers push back against no-fault auto insurance proposal

The association claims the model will undermine the right to pursue legal action

Alberta lawyers push back against no-fault auto insurance proposal

Motor & Fleet

By Josh Recamara

The Alberta Civil Trial Lawyers Association (ACTLA) is urging the United Conservative Party (UCP) to abandon its proposed no-fault auto insurance model, known as Care First. 

The association, which represents over 350 lawyers and law firms across the province, said the plan would undermine Albertans' right to pursue legal action after serious injuries in vehicle accidents.

ACTLA described Care First as essentially no-fault insurance under a new name and emphasized that Albertans strongly value the ability to seek justice through the courts.

The association also criticized a proposed ‘Criminal Code exemption’, calling it a barrier that would appear to preserve the right to sue but, in practice, would eliminate it. ACTLA underscored that accountability and personal responsibility remain central values for Albertans.

No-fault auto insurance systems, currently in place in provinces such as Ontario and British Columbia, allow accident victims to receive compensation from their own insurer regardless of who caused the crash. While these systems are designed to speed up claim payments and reduce litigation costs, critics argue that they limit access to court claims and cap compensation, particularly for serious injuries.

Alberta’s proposed Care First model would mirror aspects of these systems, raising concerns among legal and consumer advocacy groups that accident victims could see reduced settlements and fewer options for recourse.

The overwhelming rejection of Care First by UCP delegates reflects a lack of confidence in the Ministry of Treasury Board and Finance’s approach. ACTLA noted that while it supports the government’s goal of affordable and sustainable auto insurance, the ministry’s plan to effectively erase civil legal rights for seriously injured drivers is unacceptable.

ACTLA called on Premier Smith to intervene and instruct officials to drop the no-fault model immediately. The association expressed willingness to work with the government and the insurance industry to develop alternative, “made-in-Alberta” solutions that lower premiums for drivers without limiting access to justice for victims of serious crashes.

The association further stressed that insurance reforms should not come at the expense of fundamental legal rights, and that preserving access to the courts is essential to ensuring accountability and fair compensation.

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