Chapter 3 Flashcards

1
Q

The terms and conditions of accident benefits coverage in Alberta are set out where ?

A

Insurance act
Automobile accident insurance benefits regulation
Owners policy SPF 1

Coverage details are further defined in MIR and DTPR

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2
Q

What types of injuries does the DTPR apply to

A

It applies to sprains, strains, whiplash associated disorders, some temporomandibular joint injuries, and related physical or psychological symptoms

Specific limits apply to these injuries for the number of visits and treatments injured persons will recieved

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3
Q

Subsection 1 medical payments covers all reasonable and necessary expenses incurred within two years from the date of the accident as a result of those injuries list the following

A
Medical treatments
Surgical treatments
Chiropractor treatments
Dental services
Hospital services
Psychological services
Physical therapy
Occupational therapy
Massage therapy
Acupuncture
Professional nursing
Ambulance services
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4
Q

Define dependant

A

One who is not able to exist or sustain himself or herself without the power of aid of someone else I’ve who relies on another for support..

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5
Q

What is the minor injury regulation ? And the DTPR regulation?

A

The minor injury regulation and the diagnostic and treatment protocols regulation settle the treatment framework and timeline for a minor injuries. They provide a format to officially process predefined injuries such as brain strains and Whiplash associated disorders among others. The formant is designed to promptly place the injured person into a treatment plan without the need for expensive and prolonged assessments.

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6
Q

Who is the priority of payments under the DTPR state

A

The priority of payments under the DTPR state that an insurer is the first pair after the Alberta Healthcare insurance plan

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7
Q

List limits that apply to coverage under subsection 1

A

$50,000 per person
75,000 per person for chiropractic service
$250 for massage therapy and acupuncture services

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8
Q

Under subsection 2 part 1 how much does the spouse get in the head of the household dies ? How much for depends under 5 and over 69? How much for dependants between 10 and 17 and dependants all other ages ?

A

10,000 for the spouse or adult interdependent partner
1,000 for depends under 5 and over 69
3,000 for dependants between 10 and 17
2,000 for all other dependants

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9
Q

What happens if there is 2 or more survivors after the death of the head of house hold ?

A

when there are two or more survivors after the death of a household, the death benefit is increased by 20% for each Survivor other than the first period an additional 15,000 is provided for the first surviving spouse, idle interdependent partner, or dependent living in the household plus $4,000 for every dependent after that

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10
Q

In What scenario is the death benefit reduced?

A

the payment of a death benefit will be reduced if a person was injured in an accident and received payments from the total disability benefit but subsequently died. The reduction is based on the amount of the total disability benefits received

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11
Q

How much money is available for funeral expenses and to the family of a victim for grief counseling expenses?

A

up to 5,000 is available for funeral expenses and $400 is available to the family of a victim for grief counseling expenses. Both of these coverages relate to the death of any one person. In the case of grief counseling, the amount payable applies when the accident has resulted in the death of the insurance immediate family members. Benefits for death, grief counseling, and funeral expenses will only be paid to someone who is alive 60 days after the death of the insured person

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12
Q

What qualifications need to be met for an insured person who is disabled as a result of an automobile accident entitled to weekly income replacement benefit

A

then third person was employed at the time of the accident or was working for any six months during the 12 months proceeding to the accident for persons 18 and over

Within 60 days from the date of the accident, such injury prevents the insured person from performing any and every duty pertaining to the interred person’s occupation or employment

it required by the insurer, the disability of the insurance person must be certified by a dually qualified medical practitioner

there’s a 7-Day waiting period so this benefit is not payable for the first week of disability. It is not payable for more than 104 weeks of disability

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13
Q

What is the calculation of the disability benefit

A

The weekly benefit paid for total disability of employed persons is determined as the lesser of 400 per week and 80% average gross weekly earnings less any payments for loss of income or employment received by or available to the injured person including employer sick leave plans groups accident insurance and accident and sickness policies

the average gross weekly earnings is determined as the greater of the average from 4 weeks prior to the accident or the average from 52 weeks preceding the accident.

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14
Q

Canon in turd person get monetary compensation if they are not employed but completely incapacitated and unable to perform their household duties if so what is their disability payment and for how long can they get this payment

A

injured persons who are not employed but are completely incapacitated and unable to perform their household duties can receive a disability payment of $135 per week for a period of 26 weeks they must be age 18 or older. This intention of the benefit is to pay for cost of running a household cleaning, shopping, cooking, childcare and so on

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15
Q

Supplemented benefits in no-fault jurisdictions

A

In the absence of reciprocal agreements, the treatment of non-residents May differ among jurisdictions for example in quebec, manitoba, and saskatchewan, non-residents are not entitled to benefits under the provincial no-fault plans. Instead, benefits are determined based on the degree that the non-resident is not at fault for the accident

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16
Q

Define insured person under special provisions

A

Any occupant of the described automobile, newly acquired automobile or TSA

The insured, spouse, and dependants of either, living in the same household while occupants of any other automobile or while a pedestrian who is struck by an automobile provided

  • they are not engaged in selling, repairing, storing or parking automobiles at the time of the accident
  • the automobile is now owned or regularly used by them, nor is it owned, hired, or leased by their employees and
  • the automobile is not used for carrying passengers for compensation
17
Q

Exclusions under special provisions section

A

The person commited suicide or attempted to commit suicide

The persons injuries or death was caused directly from sickness or disease

The person is entitled to workers compensation benefits

The person was using the automobile in a race or speed test

The person was using the automobile for any illicit or prohibited trade or transportation

18
Q

Under which circumstances will the insurer not pay under subsection 2 part 2

A
  • Injury to the driver who is convicted for driving while impaired
  • injury by any person driving the automobile who is under the minimum age required for acquiring a drivers licence in the jurisdiction where the accident occurs
  • injury to or death of the driver who is not either authorized by law or qualified to drive
19
Q

Subject to DTPR or diagnostic and treatment protocols regulation the insured is required to comply with the following requirements

A

Within 30 days of the accident or as soon as possible thereafter give to the insurer a properly completed prescribed claim form containing details of the injury and the accident

Furnish a medical certificate if required by the insurer with respect to a total disability claim

20
Q

Under DTPR what is the insureds responsibility?

A

The insured is responsible for taking care of him or herself and getting any required medical help

21
Q

Medical report section gives the insurer the right to

A

Have the claimant physically examined by a duly qualified medical practitioner as often as reasonable required while the claim is pending

Require an autopsy in the event of the death of the insured person

However the insurer has no right to any reports, tests, or other activity or function where the injuries are subject to the DTPR

22
Q

Prior to making a payment under accident benefits, the insurer may demand the insured sign a form of release what does this do ?

A

It releases the insurer from liability up to the amount the insured recieved as payment. Thus release is a waiver of liability where the insured agrees to give up the right to sue the insurer for amounts the insurer has laid under accident benefits

23
Q

When is money payable after an accident ?

A

Within 69 days after the insurer has recieved proof of claim involving medical payments, funeral benefits, or death benefits

Within 30 days after the insurer has recieved proof of a disability claim involving weekly benefits and then 30 days there after If

  • the insurer remains liable for payments and
  • the insured person supplies proof of continuing disability when requested by the insurer
24
Q

What are the provisions regarding the right to bring action against the insurer under special provisions when money’s are payable

A

No action may be brought until the requirements of the clauses for “ notice of proof of claim” and the clause requiring “medical reports” have been complied with.

Every action against the insurer for recovering a claim under accident benefits must be commenced within 2 years from the date in which the cause of action arose

25
Q

Define a recruiter

A

One who enlists others to act as claimants in a scheme to commit fraud in exchange for a monetary benefit. The people recruited pay a fee to participate in the scam and in return are offered a portion of the accident benefits