Legal Guide

How Long Do You Have to File a Car Accident Claim in Alberta?

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How Long Do You Have to File a Car Accident Claim in Alberta?

After a car accident, people often focus on recovery—medical appointments, vehicle repairs, insurance paperwork. But many overlook a crucial detail: **how long you have to file your claim.**

Alberta has strict time limits for insurance claims and lawsuits. Missing a deadline can permanently prevent you from receiving compensation for injuries, property damage, or lost income.

As Alberta personal-injury lawyers who once defended insurers, we've seen many legitimate claims denied because victims waited too long. This guide explains **how Alberta's limitation periods work**, what deadlines apply, and how to protect your rights from day one.

We'll cover:

Alberta's two-year limitation period for car accident claims
Exceptions for minors and special circumstances
Deadlines for insurance and MVAC claims
What happens if you miss a limitation date
How a lawyer ensures you don't lose your right to compensation

What Counts as a Car Accident Claim?

A car accident claim includes any legal or insurance claim for injuries, vehicle damage, or losses caused by another driver's negligence. These claims may include:

Types of Claims:

Personal Injury ClaimsCompensation for physical and psychological injuries.
Section B BenefitsMandatory accident benefits for medical treatment and income replacement.
Property Damage ClaimsVehicle repairs under Alberta's Direct Compensation for Property Damage (DCPD) system.
Motor Vehicle Accident Claims (MVAC)Claims against Alberta's government fund when the at-fault driver is uninsured or unidentified.

The General Rule: Two-Year Limitation Period

Under Alberta's **Limitations Act**, you generally have **two years** from the date of the accident—or from when you first knew (or should have known) you were injured—to file a lawsuit.

1

Clock Starts on Accident Day

The two-year clock usually starts **on the day of the crash.**

2

Applies to All Claims

It applies to **all personal injury and property damage claims.**

3

Permanent Loss of Rights

If you don't settle or file a lawsuit within two years, your right to compensation is usually lost forever.

Reporting your claim to your insurer is not the same as filing a legal claim. You must either settle or file a lawsuit before the two-year deadline.

Exceptions and Special Rules

While the two-year limitation is the general rule, there are exceptions:

Minors (Under 18)

For injured children, the two-year limitation **does not start until they turn 18**. This means they typically have until age 20 to bring a claim. However, parents or guardians can still file earlier to preserve evidence and ensure timely compensation.

Mental Incapacity

If a victim is mentally incapable of pursuing a claim (e.g., due to a traumatic brain injury), the limitation period may be paused ("tolled") until capacity is regained.

Uninsured or Hit-and-Run Drivers (MVAC Claims)

If the at-fault driver is uninsured or unidentified, victims must follow the **Motor Vehicle Accident Claims (MVAC) Program** rules. You must report to MVAC as **soon as possible**, usually within **30 days**, and file within two years. Missing these timelines can disqualify you from compensation.

Late-Discovered Injuries

Some injuries—like concussions, nerve damage, or chronic pain—develop gradually. The clock starts when a reasonable person would have discovered the injury and its connection to the accident.

Think you might be close to the deadline?

Contact a lawyer immediately—one call could save your claim

Steps to Protect Your Right to File a Claim

Taking immediate action after an accident protects both your health and your legal rights.

Seek Medical Attention Immediately

Medical records help confirm when your injuries occurred and show you acted promptly.

Report the Accident

Call police if required (injury or $2,000+ in damage) and notify your insurer quickly.

Document Everything

Take photos, gather witness info, and keep receipts for expenses.

Track Symptoms and Treatment

Ongoing records show how long your injuries persist and justify future care costs.

Consult an Alberta Injury Lawyer Early

A lawyer will track all legal and insurance deadlines, handle paperwork, and prevent missed opportunities for compensation.

How a Lawyer Helps With Limitation Deadlines

Managing multiple deadlines, insurance requirements, and legal processes can be overwhelming. A lawyer ensures nothing falls through the cracks.

Tracking Multiple Deadlines

Managing Section B, MVAC, and lawsuit timelines simultaneously.

Preserving Evidence

Ensuring medical, police, and insurance records are secured early.

Filing Claims on Time

Drafting and filing legal documents before limitation expiry.

Negotiating Settlements

Pushing insurers to resolve claims fairly before deadlines.

Preventing Technical Dismissals

Avoiding procedural errors that could void your claim.

FAQ section background image

Frequently Asked Questions

Conclusion

In Alberta, car accident victims generally have **two years** to file a claim—but waiting is risky. Evidence fades, insurers delay, and once the limitation expires, your rights are gone forever. Acting early protects both your health and your legal options.

Most claims must be filed within **two years** of the accident.

Special rules apply for children, incapacity, and uninsured drivers.

Insurance deadlines for Section B and property damage are even shorter.

A lawyer ensures no deadlines are missed and your compensation is protected.

Injured in a car accident?

Contact us today for a free consultation. No fee unless we win.