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Alberta is replacing the right to sue for injuries from motor vehicle collisions with a benefits-based system.
Care-First, explained
The Automobile Insurance Act received Royal Assent on May 15, 2025 and applies to accidents occurring on or after January 1, 2027. For those accidents, the Act removes the right to bring or maintain a court action for bodily injury or death sustained in a collision, and replaces it with an expanded set of benefits paid by your own insurer. Alberta's stated aims are broader medical and rehabilitation coverage, higher income replacement, and lower litigation costs.
The date of the accident is what matters
This is the single most important thing to understand:
- If your collision happened before January 1, 2027, the existing system applies to your claim — including the right to sue an at-fault driver — and it continues to apply for years afterwards.
- If your collision happens on or after January 1, 2027, the new system applies.
- Nothing about the change is retroactive. A 2026 collision remains a 2026 collision, and claims arising from it will be litigated under the current rules well into the future.
How we can help
If you were injured before 2027Your claim proceeds under the existing system. The limitation period has not changed, and neither has your right to pursue an at-fault driver. Do not delay a claim on the assumption that the new system applies to you.View Our Practice Areas- If you are injured after the changeBenefits claims still involve disputes — over entitlement, over the level of impairment assessed, over whether treatment is approved, and over income replacement calculations. A lawyer can assist with those disputes and with the exceptions that remain.View Our Practice Areas
- If an exception may applyWhere the at-fault driver was impaired, or where a manufacturer, licensee, host or municipality may bear responsibility, a court claim may still be available. Whether it is depends on the facts and on the regulations.View Our Practice Areas
More than 40 years acting for injured Albertans
Do not wait to see how the new system works
If you were injured in a collision before January 1, 2027, waiting does not move you into the new benefits regime. It only risks your existing rights. The limitation period continues to run.
Benefit levels sit in regulations, not the Act
The Act sets the framework; the amounts and much of the detail are set by regulation. Figures published in advance of the regulations being finalised should be treated as indicative. We do not publish specific benefit amounts on this page for that reason.
Existing tort claims will run for years
Claims arising from accidents up to December 31, 2026 will continue to be litigated under the current rules well beyond that date. The two systems will operate alongside each other for a considerable period.
Frequently Asked Questions: Care-First and the 2027 Changes
Can I still sue an at-fault driver?
For accidents occurring before January 1, 2027, yes — the current system continues to apply to those claims. For accidents on or after that date, the Act removes the right of action for bodily injury or death, subject to limited exceptions including claims against a driver convicted of a prescribed offence and claims against certain third parties.
Does this change my existing claim?
No. The Act applies by reference to the date of the accident. A claim arising from a collision before January 1, 2027 is unaffected.
Will I need a lawyer under the new system?
Often, yes — though for different reasons. Disputes will shift from proving fault and damages in court to disputes about entitlement, impairment assessment, treatment approval and income replacement calculation. Those disputes are still adversarial, and insurer-directed assessments are still assessments obtained by the party paying the claim.
What does it cost to hire a lawyer for this?
We act on a contingency fee basis, which means you pay no legal fees unless compensation is recovered. Disbursements — the out-of-pocket costs of running a file, such as medical records, expert reports and court filing fees — and applicable taxes may still apply. We will explain the arrangement in writing before you retain us.
Do you want help with your case?
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