'A Stranger in the Promised Land?' The Non-Resident Accident Victim and the Quebec No-Fault Plan
A Stranger in the Promised Land?': The Non‑Resident Accident Victim and the Quebec No‑Fault Plan" (1988), 37 U.N.B.L.J. 173
9 Pages Posted: 16 Feb 2016
Date Written: February 15, 1988
Abstract
All the Canadian provinces and territories have now adopted some form of no-fault insurance for road accidents. But the plans in effect in the common law provinces are intended only to supplement tort recovery, not to replace it. The no-fault insured's traditional tort rights are not affected except to the extent necessary to prevent double recovery and motorists must continue to carry traditional liability insurance against the risk of civil suit. In contrast to these so-called "add-on" plans, the Automobile Insurance Act of Québec implements a "pure" no-fault system: Under the Act -- which has been in effect for nearly a decade now -- the road accident victim's right to sue for bodily injury is abolished totally. Substituted is a comprehensive no-fault compensation plan paid for primarily by Québec motorists and administered by a governmental authority called la Régie de l'assurance automobile du Quebec, (hereafter la Régie).
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