A-25 - Automobile Insurance Act

Section 79 Disposition versions

2022-07-01

79. Where, by reason of the accident, a victim’s physical or mental condition warrants the continual attendance of another person or renders him unable to care for himself or perform, without assistance, the essential activities of everyday life, he is entitled to the reimbursement of expenses incurred for personal home assistance.

The Société shall determine, subject to the conditions and in accordance with the computation method prescribed by regulation, the personal home assistance needs of the victim and the amount of the reimbursement. Expenses are reimbursed on presentation of vouchers up to the maximum amounts determined by regulation, which shall not, however, be less than $949 per week.

In the cases and subject to the conditions prescribed by regulation, the Société may replace the reimbursement of expenses by an equivalent weekly allowance.

1977, c. 68, s. 79; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1991, c. 58, s. 14; 1999, c. 22, s. 16; 2022, c. 13, s. 9.

2000-01-01

79. Where, by reason of the accident, a victim’s physical or mental condition warrants the continual attendance of another person or renders him unable to care for himself or perform, without assistance, the essential activities of everyday life, he is entitled to the reimbursement of expenses incurred for personal home assistance.

The Société shall determine, subject to the conditions and in accordance with the computation method prescribed by regulation, the personal home assistance needs of the victim and the amount of the reimbursement. Expenses are reimbursed on presentation of vouchers, but no reimbursement may exceed $614 per week.

In the cases and subject to the conditions prescribed by regulation, the Société may replace the reimbursement of expenses by an equivalent weekly allowance.

1977, c. 68, s. 79; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1991, c. 58, s. 14; 1999, c. 22, s. 16.

1993-07-01

79. Where, by reason of the accident, a victim’s physical or mental condition warrants the continual attendance of another person or renders him unable to care for himself or perform, without assistance, the essential activities of every day life, he is entitled to the reimbursement of expenses incurred for personal home assistance.

Expenses are reimbursed on presentation of vouchers and according to the standards, conditions and maximum amounts prescribed by regulation. However, no reimbursement may exceed $555 per week.

In the cases prescribed by regulation, the Société may replace the reimbursement of expenses by an equivalent weekly allowance.

1977, c. 68, s. 79; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1991, c. 58, s. 14.

1990-01-01

79. In the cases and according to the standards prescribed by regulation, the actual expenses for personal home assistance may be reimbursed to any victim who by reason of the accident is unable to care for himself and to perform, without assistance, the essential activities of everyday life.

Expenses are reimbursed on presentation of vouchers. They shall not exceed $220 per week.

1977, c. 68, s. 79; 1982, c. 59, s. 29; 1989, c. 15, s. 1.

1983-01-01

79. Where the Régie or the Commission des affaires sociales renders a decision recognizing a claimant’s right that was formerly denied it may, if the claimant proves that he has been the victim of flagrant injustice, order that the indemnity so granted bear interest at the legal rate increased by a percentage equal to the excess of the legal rate of interest fixed in accordance with section 53 of the Act respecting the Ministère du revenu (chapter M-31) over the legal rate of interest.

1977, c. 68, s. 79; 1982, c. 59, s. 29.

1978-03-01

79. On the filing at the office of the court having jurisdiction with respect to the amount claimed, of a certified copy of a decision of the Commission des affaires sociales, if any, or of the certificate contemplated in section 78, thereby making proof of the decision of the Régie or of the Commission des affaires sociales and of the exigibility of the debt and the amount due, the court may, on a summary motion by the Régie, homologate, with costs to the debtor, either of the aforementioned decisions, which becomes executory as any other judgment.

1977, c. 68, s. 79.