Changes to the Reimbursement Procedure for Expenses Incurred for Travel, Meals and Lodging

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1 Changes to the Reimbursement Procedure for Expenses Incurred for Travel, Meals and Lodging As of January 1, 2015, you are no longer required to enclose receipts for travel, meal and lodging expenses with your claim for compensation. You must, however, keep all your receipts for a period of three years so that you can provide them to us upon request. You can therefore disregard the instructions to the contrary in the following sections of this document: - Section 14 of the Claim for Compensation form; - Schedule 5 Expenses for Travel to Receive Care; - Section 14 of Part II of the guide; and - Part IV of the guide (section pertaining to Schedule 5). For more information, please contact us at one of the following numbers: In the Québec area: ; From elsewhere in Québec: ; From elsewhere in Canada or the USA: Thank you for your cooperation. Société de l assurance automobile du Québec 7236A 84 ( )

2 Guide TO THE CLAIM FOR COMPENSATION Claim Number For an Inability to Perform Activities and for Accident-Related Expenses DIA A 7236A 45 ( )

3 Compensation paid by the SAAQ I Compensation paid by the SAAQ The various indemnities paid by the SAAQ have three main objectives: Objectives Indemnities Categories Page A To compensate for economic loss due to an accident Income replacement indemnity Full-time worker... 3 Person with a temporary job... 4 Part-time worker... 5 Unemployed person... 6 Person permanently unable to work in any capacity... 7 Indemnity for care expenses... 8 Lump-sum indemnity for the loss of one year of schooling or one school term Student 16 years of age or older... 9 Child under 16 years of age B To compensate for the after-effects of injury, such as pain, mental suffering and loss of enjoyment of life C To reimburse certain accident-related expenses

4 Compensation Paid by the SAAQ A Compensation for economic loss As compensation for economic loss, you may be entitled to receive one or more of the following indemnities: an income replacement indemnity an indemnity for care expenses a lump-sum indemnity for the loss of one year of schooling or one school term Income Replacement Indemnity This indemnity is paid to a person who loses employment earnings due to an accident. It corresponds to 90% of net income, which is based on gross annual income (up to a maximum provided for under the Automobile Insurance Act). Net income is established by subtracting federal and provincial income tax, Employment Insurance premiums, Québec Parental Insurance Plan (QPIP) premiums and contributions to the Québec Pension Plan from gross income. You may be entitled to compensation for the loss, as a result of the accident, of any Employment Insurance benefits payable under the Employment Insurance Act. In some cases, such compensation may be payable in addition to an income replacement indemnity. For information on the amounts to which you may be entitled, consult the Compensation Table. Please note: No compensation is payable for the first seven days including the day of the accident. Job Categories In order to rule on the indemnity or indemnities to which you may be entitled, your compensation officer will have to determine into which of the following categories you fit according to the Automobile Insurance Act: full-time worker person with a temporary job part-time worker unemployed person person permanently unable to work in any capacity 2

5 Compensation Paid by the SAAQ Full-time worker If, at the time of the accident, the accident victim held a job at which he/she had been working at least 28 hours per week, and that job was expected to last for at least a year, that person is considered a full-time worker. Such a person may be entitled to an income replacement indemnity if he/she is no longer able to work at his/her job because of the accident. The indemnity is payable until that person is able to resume his/her employment. Starting from the 3rd year after the accident An accident victim who remains unable to work in any capacity will continue to receive an income replacement indemnity, except if he/she is 64 years of age or older (see Person 64 years of age or older in the box on page 7). If that person is unable to do the job he/she had at the time of the accident but becomes able to work in another capacity, the SAAQ may take this into account. Determining employment three years after the accident The SAAQ may determine the type of employment the accident victim would be able to hold by taking into account his/her training, experience, physical and intellectual abilities and, where applicable, any knowledge or skills acquired under a rehabilitation program. Once an employment has been determined, the accident victim will continue to receive the same income replacement indemnity as before for a period of one year. At the end of that year, the indemnity will be reduced by an amount equal to the net income of the employment determined for that person. Employment is also determined for accident victims who held temporary or part-time employment before the accident, or who were unemployed before the accident. PLEASE NOTE: If an accident victim receives a surviving spouse s pension from the Régie des rentes du Québec (RRQ), the amount of that pension may be reduced if that person receives an indemnity from the SAAQ for a particular disability and is deemed to be disabled by the RRQ for the same disability. For more information, visit the RRQ Web site. 3

6 Compensation Paid by the SAAQ Person with a temporary job If, at the time of the accident, the accident victim held a job at which he/she had been working at least 28 hours per week, and that job was expected to last for less than one year, that person is considered a temporary worker. Such a person may be entitled to an income replacement indemnity if he/she is no longer able to work at his/her job because of the accident. For the first 180 days after the accident, the amount of the income replacement indemnity is based on the job the person held before the accident and is paid until that person is able to resume his/her employment. Starting from the 181st day after the accident In cases where the disability persists, the accident victim may receive an income replacement indemnity based on an employment he/she would have been able to hold were it not for the accident. The SAAQ takes into account the following when determining an employment for an accident victim: the person s physical and intellectual abilities his/her training his/her work experience The amount of the indemnity is established on the basis of the gross income corresponding to the employment determined for the accident victim. The indemnity is paid until the accident victim becomes able to do the job determined for him/her. Starting from the 3rd year after the accident An accident victim who remains unable to work in any capacity will continue to receive an income replacement indemnity, except if he/she is 64 years of age or older (see Person 64 years of age or older in the box on page 7). If that person is unable to do the job determined on the 181st day after the accident but becomes able to work in another capacity, the SAAQ may take this into account. For more information, see Determining employment three years after the accident in the box on page 3. 4

7 Compensation Paid by the SAAQ Part-time worker If, at the time of the accident, the accident victim held a job at which he/she had been working for fewer than 28 hours per week, he/she is considered a part-time worker, regardless of how long that job was expected to last (more or less than one year). Such a person may be entitled to an income replacement indemnity if he/she is no longer able to work at his/her job because of the accident. For the first 180 days after the accident, the amount of the income replacement indemnity is based on the part-time job and is paid until the person is able to resume his/her employment. If, at the time of the accident, the accident victim was also taking care of, without pay, one or more children under 16 years of age or a person with a disability, the accident victim may be entitled to an indemnity covering the cost of care if he/she is no longer able to take care of that person or those people (see Indemnity for care expenses in the box on page 8). Starting from the 181st day after the accident In cases where the disability persists, the accident victim may receive an income replacement indemnity based on an employment he/she would have been able to hold were it not for the accident. The SAAQ takes into account the following when determining an employment for an accident victim: the person s physical and intellectual abilities his/her training his/her work experience The amount of the indemnity is established on the basis of the gross income corresponding to the employment determined for the accident victim. The indemnity is paid until the accident victim becomes able to do the job determined for him/her. An accident victim who was also receiving an indemnity for care expenses will no longer receive both indemnities as of the 181st day (see Indemnity for care expenses in the box on page 8). Starting from the 3rd year after the accident An accident victim who remains unable to work in any capacity will continue to receive an income replacement indemnity, except if he/she is 64 years of age or older (see Person 64 years of age or older in the box on page 7). If that person is unable to do the job determined for him/her but becomes able to work in another capacity, the SAAQ may take this into account. For further information, see Determining employment three years after the accident in the box on page 3. 5

8 Compensation Paid by the SAAQ Unemployed person An accident victim is considered to be unemployed if he/she was able to work at the time of the accident but did not have a job. Such a person is eligible to receive an income replacement indemnity for the first 180 days after the accident, but only in the following cases: The accident victim is unable to hold a job he/she would have held during that period, had the accident not occurred; As a result of the accident, the accident victim is deprived of regular Employment Insurance benefits or an employment-assistance allowance. If, at the time of the accident, the accident victim was taking care of, without pay, one or more children under 16 years of age or a person with a disability, the accident victim may be entitled to an indemnity covering the cost of care if he/she is no longer able to take care of that person or those people (see Indemnity for care expenses in the box on page 8). Starting from the 181st day after the accident In cases where the disability persists, the accident victim may receive an income replacement indemnity based on an employment he/she would have been able to hold were it not for the accident. The SAAQ takes into account the following when determining an employment for an accident victim: the person s physical and intellectual abilities his/her training his/her work experience Even in cases where an accident victim was not entitled to an income replacement indemnity in the first 180 days, he/she may receive an income replacement indemnity based on the job determined for him/her. The indemnity is paid until the accident victim becomes able to do the job determined for him/her. Exception: A person 65 years of age or older who was unemployed at the time of the accident and who does not provide proof of hiring within 180 days after the accident will not be entitled to an income replacement indemnity. An accident victim who was also receiving an indemnity for care expenses will no longer receive both indemnities as of the 181st day after the accident (see Indemnity for care expenses in the box on page 8). Starting from the 3rd year after the accident An accident victim who remains unable to work in any capacity will continue to receive an income replacement indemnity, except if he/she is 64 years of age or older (see Person 64 years of age or older in the box on page 7). If that person is unable to do the job determined for him/her but becomes able to work in another capacity, the SAAQ may take this into account. For more information, see Determining employment three years after the accident in the box on page 3. 6

9 Compensation Paid by the SAAQ Person permanently unable to work in any capacity An accident victim who, at the time of the accident, was permanently unable to work in any capacity (whether on a full-time or a part-time basis) for physical or intellectual reasons other than those caused by the accident, is not entitled to receive an income replacement indemnity. Person 64 years of age or older A person 64 years of age or older on the date of the accident may be entitled to an income replacement indemnity for the year after the accident. However, this indemnity is reduced by 25% as of the second year after the date of the accident 50% as of the third year 75% as of the fourth year Eligibility for this indemnity ends four years after the date of the accident. 7

10 Compensation Paid by the SAAQ Indemnity for Care Expenses An indemnity for care expenses is paid to an accident victim whose main activity was unpaid work taking care of children under 16 years of age or one or more disabled individuals. To be entitled to this indemnity, this person must have been unemployed or working only part-time when the accident occurred. The amount payable varies according to the number of children or disabled individuals he/she was caring for. This indemnity cannot be combined with an income replacement indemnity based on a job at which the person had been working for more than 28 hours per week. An accident victim who was also receiving an income replacement indemnity will no longer receive both indemnities as of the 181st day after the accident. At the time he/she deems appropriate, the accident victim must choose between the indemnity for care expenses and the income replacement indemnity. Pending that decision, only the indemnity for care expenses will be paid. For information on the amounts to which you may be entitled, see the Compensation Table. Lump-Sum Indemnity for the Loss of One Year of Schooling or One School Term This lump-sum indemnity is paid to students who fall behind in their schooling due to a traffic accident and miss one year of studies at the elementary or secondary level; one school term at the post-secondary level. This indemnity is paid at the end of the term or year of schooling in question. 8

11 Compensation Paid by the SAAQ Student 16 years of age or older Students 16 years of age or older who are enrolled full time in a secondary or post-secondary educational institution and who fall behind in their schooling because they are unable to resume studying due to the accident are entitled to a lump-sum indemnity. The amount of the indemnity is based on the level of schooling. The indemnity ceases to be paid as of the scheduled date for completion of the studies underway at the time of the accident. Example: Jane is a CEGEP student who had not yet registered at a university at the time of the accident. She will be entitled to an indemnity until the date on which she was scheduled to complete her college-level studies, unless she is able to resume studying in the meantime. An accident victim who held a job or jobs, or who would have held one if the accident had not occurred, may also be entitled to an income replacement indemnity. For information on the amounts to which you may be entitled, see the Compensation Table. Income replacement indemnity An accident victim who is a student 16 years of age or older may be entitled to an income replacement indemnity if he/she held a job or would have held a job had it not been for the accident; he/she is deprived of regular Employment Insurance benefits; he/she is deprived of an employment-assistance allowance. The indemnity is paid to the accident victim up until the date when he/she was scheduled to complete the studies then underway, but only for such time as the job would have been available and the person remains unable to hold it; the person is deprived of regular Employment Insurance benefits because of the accident; the person is deprived of an employment-assistance allowance because of the accident. Starting from the scheduled date for completion of the studies underway at the time of the accident As of the date the accident victim was scheduled to have completed his/her studies, if that person is unable to resume studying due to the accident, he/she is no longer entitled to the lump-sum indemnity; if that person is unable to resume studying or to work in any capacity, he/she may be entitled to an income replacement indemnity. The amount is based on the average weekly earnings of Québec workers; if that person is able to work, but his/her capacity to do so is significantly reduced because of the accident, he/she may also be entitled to an income replacement indemnity. 9

12 Compensation Paid by the SAAQ Child under 16 years of age Accident victims who fall behind in their schooling due to the accident are entitled to a lump-sum indemnity. The amount of the indemnity is based on the level of schooling. The indemnity ceases to be paid at the end of the school year during which the student turns 16 or is able to resume studying. A student who has a job or jobs, or who would have held one if the accident had not occurred, may be entitled to an income replacement indemnity. For information on the amounts to which you may be entitled, see the Compensation Table. Income replacement indemnity An accident victim who is a child under 16 years of age may be entitled to an income replacement indemnity if he/she held or would have held a job had it not been for the accident; he/she is deprived of regular Employment Insurance benefits; he/she is deprived of an employment-assistance allowance. The indemnity is paid to the accident victim up until the end of the school year during which the student turns 16, for such time as the job would have been available and the person remains unable to hold it; the person is deprived of regular Employment Insurance benefits due to the accident; the person is deprived of an employment-assistance allowance due to the accident. Example: Joey is a newspaper carrier who can no longer deliver newspapers due to an accident. He can receive an income replacement indemnity for the period for which he was hired. Starting at age 16 Starting at the end of the school year during which the student turns 16 an accident victim who is unable to resume studying due to the accident is no longer entitled to the lump-sum indemnity; an accident victim who is unable to resume studying or to work in any capacity may be entitled to an income replacement indemnity. The amount of the indemnity is based on the average weekly earnings of Québec workers; An accident victim who is able to work, but whose capacity to do so is significantly reduced because of the accident, may also be entitled to an income replacement indemnity. 10

13 Compensation Paid by the SAAQ B Compensation for a Diminished Quality of Life Injuries sustained in a traffic accident and any permanent impairment resulting therefrom can result in after-effects or consequences, such as mental suffering, pain or loss of enjoyment of life. These after-effects may be compensated by the SAAQ with a lump-sum indemnity. The amount of the lump-sum indemnity varies according to the severity of the injuries and their consequences. Accident victims are always compensated based on the maximum amount in force on the date of the decision. A lump-sum payment is generally made once the health condition of the accident victim is considered stable. Where warranted by the medical information in a person s file, an interim payment may be made before the final assessment of the accidentrelated injuries. For information on the amounts to which you may be entitled, see the Compensation Table. C Reimbursement of accident-related expenses For information on the expenses covered and the conditions for reimbursement, see Reimbursement of expenses in the box on page 18. Disabled parking permit On April 1, 2003, the SAAQ began refunding the fee for a disabled parking permit paid by anyone who applies for one as the result of a traffic accident. The Disabled Parking Permit Application form is available in SAAQ service centres. If you are entitled to the refund, you will be sent a copy of the form entitled Disabled Parking Permit Fee Refund Application (Reserved for accident victims with a compensation claim record at the Société de l assurance automobile du Québec), which you must fill out, sign and return to get your refund. 11

14 II Completing the Claim for Compensation form 1 Accident Victim Québec driver s licence number, Social Insurance Number and Health Insurance Number Indicate your Social Insurance Number, Health Insurance Number and Québec driver s licence number, if you have one. In the case of a minor who does not yet have a Social Insurance Number, indicate the Health Insurance Number only. If this information is not provided with your claim, the SAAQ will have to contact you for it at a later date. This can cause an unnecessary delay in processing your claim for compensation. Present last name if different from last name at birth Write the last name you are using at present if it is different from the one you had at birth. For example, if you are married and you use your husband s name, write that last name. Please note: All correspondence sent and cheques issued to you by the SAAQ will bear your last name at birth. Civil status at the time of the accident Please check only one box to describe your most recent civil status on the date of the accident. For example, if at the time of the accident you were divorced and had begun living in a de facto union, check the In a de facto union box. 13

15 Completing the Claim for Compensation Form 3 Accident Date and time of accident Indicate the date and time of the accident as specifically as possible. Location of accident Indicate the municipality in which the accident occurred. If you are not a Québec resident but are covered by either of the two situations described below, you can file a claim for compensation with the SAAQ. You are a person from outside Québec who was involved in a traffic accident in Québec and the motor vehicle you were in at the time of the accident (as the driver or as a passenger) was registered in Québec. Regardless of whether or not you owned the vehicle you were in at the time of the accident, if this situation applies to you, you are entitled to the same compensation as Quebecers. You are a person from outside Québec who was involved in a traffic accident in Québec and at the time of the accident you were either a passenger in, or the driver of, a motor vehicle that is not registered in Québec; OR a pedestrian or a cyclist. If this situation applies to you, you will be compensated in inverse proportion to your share of liability, unless your province of residence has entered into an agreement with the SAAQ. If outside Québec, indicate the province, state or country If the accident happened outside Québec, indicate the province, state or country. A Québec resident injured in an accident that occurred outside Québec is entitled to the same compensation as if the accident had occurred in Québec. If this is your case, you can file a claim for compensation with the SAAQ. If, as a result of the accident, you incurred medical expenses outside Québec (hospitalization costs, professional fees, etc.), you must follow the steps outlined below. 14

16 Completing the Claim for Compensation Form If you have not yet paid the expenses incurred Send all supporting documents to the SAAQ. Only originals will be accepted. If you have already paid the fees Contact the Régie de l assurance maladie du Québec (RAMQ) to obtain a copy of the form entitled Application for reimbursement. You can also download a copy from the RAMQ Web site. Your duly completed form must be accompanied by the appropriate supporting documents. Please note that the RAMQ requires the originals. The RAMQ will reimburse your expenses in accordance with the provisions of the Hospital Insurance Act and the Health Insurance Act. The supporting documents will be automatically transferred by the RAMQ to the SAAQ, which will then reimburse any remaining amount that qualifies for reimbursement under the Automobile Insurance Act. Liability If you are at fault for the accident and a person from outside Québec decides to launch a lawsuit against you, your private third-party liability insurance will cover you for this. If it is a person from outside Québec who is deemed to be at fault for the accident, you may, where legal recourse is allowed in the jurisdiction where the accident took place, initiate court proceedings against that person. However, before doing so, you must notify the SAAQ as it has a right of priority that it may decide to exercise. For further information on this topic, contact the compensation officer who will be assigned to your case as soon as the SAAQ receives your claim for compensation. Licence plate number of the vehicle you were in If you were the driver or a passenger at the time of the accident, provide the licence plate number of the vehicle you were in. If the accident occurred while you were a passenger aboard a bus and you do not know what the licence plate number was, leave this space blank. Province, state or country in which the vehicle you were in was registered If you have written the licence plate number of the vehicle you were in, indicate the province, state or country that issued the licence plate. 15

17 Completing the Claim for Compensation Form Was a vehicle registered outside Québec involved in the accident? If you know of a vehicle registered outside Québec that was involved in the accident, you must report it. 4 Please give a full, detailed account of all the facts relating to the accident. You are required to give a full and detailed description of all the facts relating to the accident, even if a police report was filed or a joint report of the accident was drawn up. Please indicate the following: your intended destination the lane or the intersection where the accident took place the manoeuvre you were preparing to make how impact occurred the number of vehicles involved any other relevant fact related to the accident You may also enclose a diagram with the Claim for Compensation form to show how the accident occurred. Use a separate sheet if need be. Make sure to indicate your claim number or, if unavailable, your Health Insurance Number at the top of that sheet. 5 Was an accident report drawn up by a police officer? If a police report was filed following an accident in Québec, it will be forwarded to the SAAQ by the police force present at the accident. If you know the report number, please provide it. If the accident occurred outside Québec and you already have the report, please enclose a copy with the Claim for Compensation form. Was a joint report of the accident drawn up? If no police report was filed but a joint report of the accident was drawn up, please enclose a copy. Did anyone witness the accident? If neither of the above-mentioned documents exists, but there were one or more eyewitnesses to the accident, please provide the identity of one of the witnesses. If need be, that witness could be called upon to corroborate your statement. note: The witness can be one of the people involved in the accident. 16

18 Completing the Claim for Compensation Form 6 Did the accident occur - in the context of work If the traffic accident took place while you were at work, do not fill out this form. Your claim should be addressed to the Commission de la santé et de la sécurité du travail du Québec (CSST) or to the appropriate body outside Québec responsible for compensating victims of work-related accidents. An accident is considered to have taken place in the context of work if the accident took place on the employer s property during business hours; the accident victim was travelling during business hours paid for by the employer; the accident victim was carrying out orders or running an errand for the employer; the accident victim was travelling in a vehicle owned by the employer; the accident victim was using a means of transportation provided by the employer; the employer paid for the travel expenses. If you have already applied for compensation from the CSST and were turned down, you may file a claim for compensation with the SAAQ, in which case you must include with your claim the letter of refusal from the CSST. - while someone was carrying out a criminal act If the driver of a motor vehicle injured you intentionally, you are considered a victim of a criminal act and can decide to seek compensation under either the Crime Victims Compensation Act or the Automobile Insurance Act. - while assisting a person in distress If you were involved in a traffic accident while assisting a person in distress, you are considered to be an accident victim who was engaged in an act of good citizenship, and you may therefore seek compensation under either the Act to promote good citizenship or the Automobile Insurance Act. In both of the above cases, compensation is paid under only one Act. If you would like to know which Act would be more advantageous, you can file a claim for compensation with both the CSST, which administers the Crime Victims Compensation Act and the Act to promote good citizenship, and the SAAQ, which administers the Automobile Insurance Act. However, only one of these bodies will pay you an indemnity. 17

19 Completing the Claim for Compensation Form 7 Injuries Please describe, in your own words, the injuries you sustained This description can include objects that struck you, the parts of your body that were injured, as well as the type of injuries sustained (cuts, scratches, fractures, etc.). PLEASE NOTE: If, during your first medical consultation after the accident, the physician gave you the Initial Medical Report form, please send it to the SAAQ. medical information dated shortly after the accident is important for the processing of a claim for compensation. If the physician did not complete the form during your first consultation, the compensation officer will discuss the matter with you when he/she begins processing your claim. Any fees you paid for this report can be reimbursed, up to the maximum amount covered. 11 Pension, Benefits, Indemnities, Compensation or Allowances Received from Another Body If you were receiving benefits or an allowance from the Ministère de l Emploi et de la Solidarité sociale (MESS), the MESS may reimburse some of the expenses related to the accident. Please contact this government department first to claim those expenses. For more information, visit the MESS Web site. The SAAQ will reimburse you for any expenses not covered by the MESS that qualify for reimbursement under the Automobile Insurance Act. 12 Reimbursement of Expenses Were any of the following items damaged in the accident? You can immediately claim a reimbursement for expenses already incurred due to the accident. If you have further expenses, you can claim them as they are incurred, provided you enclose the relevant supporting documents with your claim for reimbursement. Please note: Do not forget to write your claim number or, if unavailable, your Health Insurance Number on every receipt or invoice you send to the SAAQ. 18

20 Completing the Claim for Compensation Form Prescription eyeglasses Replacement Only expenses for medically prescribed glasses are reimbursed. Please enclose an invoice on which the cost of the lenses and frames bought following the accident are indicated separately, along with a copy of the prescription. For information on the maximum amounts covered, see Type of expenses in the Compensation Table. Note: Eye examination fees may be reimbursed if not already covered by a social security plan. Purchase of eyeglasses due to the accident If the injuries sustained in the accident warrant the purchase of a pair of glasses, it is best to submit an estimate to the SAAQ before incurring costly expenses. A medical prescription establishing a connection between the injuries sustained and the need to purchase a pair of glasses must be sent to the SAAQ. Note: Eye examination fees can be reimbursed if not already covered by a social security plan. Contact lenses To obtain a reimbursement, you must provide a detailed invoice and a copy of the prescription. For information on the maximum amounts covered, see Type of expenses in the Compensation Table. Prostheses or orthoses Expenses incurred for the purchase, rental, repair, fitting or adjustment of orthoses or prostheses you were wearing and that were damaged in the accident can be immediately reimbursed. Replacement For the replacement of a dental prosthesis, it is best to submit a detailed estimate to the SAAQ before incurring any costly expenses. Do not forget to ask your dentist or denturist to indicate the applicable treatment codes. The maximum amount that can be reimbursed varies from one type of prosthesis to another and is set by regulation (Regulation respecting the reimbursement of certain expenses). Expenses for other types of prostheses or orthoses (i.e. hairpieces, orthopedic footwear, etc.) that have been medically prescribed are also reimbursable. For more information, call

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