Alberta government and lawyers explore expanding litigation under new auto insurance model
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Alberta government and lawyers explore expanding litigation under new auto insurance model
'There are other ways to reduce auto insurance premiums for good Alberta drivers apart from ripping away rights from innocent victims'
Author of the article:
By Cindy Tran
Published Sep 16, 2026
Last updated 1 hour ago
3 minute read
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Trans-Canada highway traffic heads back into Calgary from the west on Victoria Day at the end of the long weekend on Monday, May 19, 2025. PHOTO BY GAVIN YOUNG /Postmedia
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The Alberta government is speaking with lawyers about the possibility of expanding litigation in some cases under the new auto insurance model.
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Over the summer, the Treasury Board and Finance Ministry met with personal injury lawyers to discuss what retaining more litigation rights of Albertans who are in car accidents could look like under the new “care-first” auto insurance model.
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Mark McCourt, a personal injury lawyer and one of the lawyers who met with officials, said the parties discussed potentially expanding litigation to include Albertans who suffer significant life-changing injuries due to reckless drivers. While no decision has been made yet, McCourt said expanding litigation under the new auto insurance model is better than what is currently on the table.
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“Eliminating the rights of 99.9 per cent of innocent Albertans that get hurt by reckless drivers, which is what the care-first scheme, as it currently reads, would do, is significantly worse than merely eliminating the rights of 90 per cent of innocent Albertans injured by reckless drivers,” McCourt said.
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‘Care-first’ allows limited litigation
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Alberta’s new “care-first” auto insurance model is set to come into effect January 2027.
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Under the new model, court access will be available in limited circumstances. Albertans injured in collisions will be able to sue at-fault drivers for pain and suffering damages where the at-fault driver is convicted of Criminal Code offences and…
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