A-25, r. 2.2 - Regulation respecting computation of the income replacement indemnity paid under the second and third paragraphs of section 40 of the Automobile Insurance Act

Updated to 12 December 2023

This document has official status.

chapter A-25, r. 2.2

Regulation respecting computation of the income replacement indemnity paid under the second and third paragraphs of section 40 of the Automobile Insurance Act

Automobile Insurance Act

(chapter A-25, s. 40).

1. The amount of the income replacement indemnity to which a victim is entitled until their death, from the date of their 68th birthday or, if the victim is 64 years of age at the time of the accident, from the date that is 4 years after the date of the accident, is computed using the following formula:

40% × A × B/14,610.

For the purposes of the formula in the first paragraph,

(1)  A is

(a)  if the victim is under 64 years of age at the time of the accident, the amount of the income replacement indemnity computed on the date of the victim’s 67th birthday before applying the reduction provided for in section 40 of the Automobile Insurance Act (chapter A-25) or any other reduction provided for by that Act, except for the reduction provided for in section 55; or

(b)  if the victim is 64 years of age at the time of the accident, the amount of the income replacement indemnity computed on the date that is 3 years after the date of the accident before applying the reduction provided for in section 40 of the Automobile Insurance Act or any other reduction provided for by that Act, except for the reduction provided for in section 55; and

(2)  B is the number of days, not exceeding 14,610, between the date of the victim’s 18th birthday and the day before the date of the victim’s 65th birthday, during which

(a)  the victim has received the income replacement indemnity to which they are still entitled on the date of their 67th birthday or, if the victim is 64 years of age at the time of the accident, the indemnity to which they are still entitled on the date that is 3 years after the date of the accident; and

(b)  payment of the income replacement indemnity has been interrupted pursuant to section 83.29 of the Act.

However, the days during which the victim received an income replacement indemnity to which they were not entitled must not be considered in the number of days represented by the letter B.

S.Q. 2022, c. 13, s. 90.

2. If a victim referred to in section 1 is entitled to more than one income replacement indemnity because of multiple accidents, each of the indemnities must be computed separately using the formula in that section.

S.Q. 2022, c. 13, s. 90.

3. If the result of a computation under this Regulation is a number with one or more decimals, only the first 2 decimals are retained and, if the third decimal is greater than 4, the second decimal is increased by one unit.

S.Q. 2022, c. 13, s. 90.

REFERENCES

S.Q. 2022, c. 13, s. 90