Canada is again in the throes of a debate about how much car accident compensation people with soft tissue injuries should receive.
The insurance industry hope that the Court of Appeal will overturn a decision to reverse a cap on the amount of car accident compensation that can be paid to people with soft tissue injuries.
However, personal injury lawyers believe that any such cap is discriminatory. A spokesperson from the Alberta Civil Trial Lawyers Association commented, "It's an arbitrary bar that's been set to say you should be compensated at a different level than if you have an orthopedic injury or some sort of psychological injury... so these people have been marginalized."
The insurance industry believe that without a car accident compensation cap on soft tissue injuries people's premium costs are significantly more expensive that they would otherwise be.
*Where replacement vehicle costs can be recovered from the insurance company of the person who caused the accident.
Where this person is untraceable or uninsured, or where there is a dispute over liability, a replacement vehicle cannot
be provided.
