Alberta Flashcards
goals of Alberta auto insurance reform
(p-mic-ssr):
- private sector delivery model
- medical benefits appropriate
- income replacement easier access
- claims handling effective & efficient
- stablize rates - should be affordable for everyone in Alberta
- sustainability - the needs of insureds, traffic-injured persons, and insurance providers need to be met
- reduce costs
findings of Alberta auto insurance committee
- high premiums were caused by increasing bodily injury costs
- no mechanisms existed to control these BI costs
- injury compensation was often either too high or too low
- health outcomes are worse under tort systems and hybrid tort/no-fault systems
- health outcomes improved when tort systems where eliminated and replaced with full no-fault models
2 provinces that have a pure no-fault system
QC & MB
recommendations of the Alberta auto insurance committees
- replace existing hybrid tort/no-fault model with a pure no-fault model
- introduce a ‘continuum of care model’ to promote appropriate medical evaluation, assessment and treatment
why might a pure no-fault system be cheaper and deliver more effective medical treatment
benefits can be delivered without having to prove who is at fault:
- less money to lawyers
- quicker access to medical care
how Alberta’s new auto insurance is recommended to work
create a traffic injury regualtor, including a board and tribunal to oversee the 4 arms of accident care & compensation:
- claim administration and support
- medical experts to evaluate injuries
- claims assessment panels for income replacement
- a reconstituted version of AIRB
how might the ‘4 arms’ of Alberta’s traffic injury regulator be funded
- mainly by Alberta auto insurers in proportion to their market share
- a smaller contribution by the Alberta government from savings generated by the new system
assess the likelihood of a successful legal challenge if Alberta’s auto reforms are implemented
a legal challenge would probably not be successful for the following reasons:
- MB and QC already have a pure no-fault system
- such systems have been judged to be within the scope of provincial legislative authority
- a challenge under Canada’s Charter of Rights & Freedoms has no merit because all drivers are treated equally
- Morrow vs. Zhang upheld the minor injury cap so a future Charter challenge would likely not succeed either
-> so Alberta’s auto reforms would likely survive a legal challenge
regulatory reforms being considered for Alberta auto insurance
- switch from ‘prior approval’ to ‘file & use’
- make winter tires mandatory from October to March
problems that Alberta and Ontario auto insurance have in common
- rising cost of auto insurance, largely bodily injury costs
- inefficient delivery of medical care
what has been identified as a primary cause of problems in AB & ON auto insurance
both systems have a tort component which causes:
- delays in medical care
- diversion of resources to the legal system
similarity in recommendations to address these problems in AB & ON auto insurance
greater focus on timely medical care
a difference in recommendations to address these problems in AB & ON auto insurance
- AB: convert to a pure no-fault system
- ON: keep hybrid tort/no-fault system but fix structural flaws by appointing an arms-length regulator with powers to enact policies & procedures
purpose of Alberta’s SPF9 (stand policy form 9)
SPF9 provides auto insurance for Transportation Network Companies (TNC) and their authorized TNC drivers
what insurance must a driver have who provides ride-sharing services
- personal insurance for normal personal use
- insurance through TNC for periods when they are providing ride-sharing services
descirbe the ‘use periods’ related to SPF9
- period 0: personal use - driver is not logged into the TNC app
(driver’s own insurer is liable) - period 1: driver is logged into the TNC app but hasn’t accepted a ride
(if driver’s own insurer denies claim, then TNC insurer is liable) - period 2: driver has accepted a ride and is en route
- period 3: passengers are in vehicle
identify coverage triggers that begin and end accident benefits coverage under SPF9
- begin coverage: driver logs into the TNC app
- end coverage: driver logs out or last passenger exits vehicle
pieces of information that TNC must make available to the public and consumers
- license: a proper municipal license
- policy: valid auto insurance policy on website or driver’s smartphone
- IIF(insurance information form) via driver’s smartphone
purpose of IIF (insurance information form)
provide basic information to ride-sharing passengers about the driver and their insurance coverage
basic layout of IIF
- name of insured/insurer
- policy #
- policy effective/expiration date
- vehicle description
identify situations where SPF9 purchased a TNC wouldn’t provide coverage when the driver is logged in
- carrying street-hailed passengers
- transporting cargo
item of post-accident information whose exchange must be facilitated between TNC, insurance providers & brokers
- accident info: dates, times, circumstances
- electronic info: precise times when driver was logged in and logged out of TNC app
