Question:

I have been in a car accident and suffered an injury. Can I sue the other driver?

Answer:

Saskatchewan is often referred to as a no-fault insurance jurisdiction. The reality is more nuanced.

In Saskatchewan, you can elect to either have no-fault insurance or ‘tort-election’ insurance. Each comes with different abilities to sue at fault drivers for your pain and suffering

The default coverage is no-fault insurance in Saskatchewan. With this option, you cannot sue the party who hurt you. Instead, SGI compensates you for your injuries, regardless of who caused the accident. Under no-fault coverage, SGI provides you with a broad range of benefits. However, this does not prevent you from suing the other party for some forms of specific economic loss above and beyond what was covered by your no-fault insurance. For example,

Saskatchewan driver’s are entitled to choose tort-election insurance instead of the no-fault coverage default. With this option, you still get basic insurance regardless of whoever caused the accident. However, the standard benefits included are fewer than no-fault coverage. Under this form of insurance, if the other driver is at fault, you are able to sue them for any injuries over and above your benefits, as well as any pain and suffering that may have resulted from the collision.

Tort-election coverage also allows you to also sue for economic loss: think loss of wages because you missed work due to your injuries. If you suffer what the government calls a ‘catastrophic injury,’ along the lines of paralysis or amputation, you will be entitled to additional benefits to compensate for this.

Tort-election insurance is subject to the regular rules of negligence and contributory negligence. This means if you choose to sue the other side under tort-election, there is a chance you may also be found at fault. If this happens, your damages will be reduced accordingly.

For more information about vehicle insurance in Saskatchewan, contact Jennifer D. Pereira, Q.C.

The above is for general information only. Parties should consider seeking legal advice prior to taking action in specific situations.
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