A-25, r. 9 - Regulation respecting compensation under Chapter II of Title IV of the Automobile Insurance Act

Updated to 12 December 2023

This document has official status.

chapter A-25, r. 9

Regulation respecting compensation under Chapter II of Title IV of the Automobile Insurance Act

Automobile Insurance Act

(chapter A-25, s. 195, par. 36).

1. A person who submits a claim for compensation to the Société de l’assurance automobile du Québec must also submit the sworn statement prescribed by section 144 of the Automobile Insurance Act (chapter A-25), and in the case of a claim covered by section 148 of the Act, the police report on the accident or event.

O.C. 1336-99, s. 1.

2. For the purpose of implementing sections 145 and 148 of the Automobile Insurance Act (chapter A-25), the deductible is the greater of the following:

(1)  $500; and

(2)  for damage to an automobile, 10% of the value of the automobile determined on the day of the accident according to the gross sale price indicated for a vehicle of the same make, model and features, in the latest edition of the Guide d’Évaluation des Automobiles or the Guide d’Évaluation des Camions Légers published by Hebdo Mag Inc.

For a model year prior to those covered by the edition, the sale price considered is the one indicated in the edition for the nearest model year, from which amount must be subtracted 1% of the sale price for each month elapsed between the vehicle’s model year and the earliest year covered by the edition.

Where the make or model of automobile is not covered by the Guide, the Société shall make an evaluation of the automobile or have this done.

O.C. 1336-99, s. 2.

3. The following qualify for reimbursement on presentation of receipts, according to the rates prescribed by the Regulation respecting towing and impounding charges for seized road vehicles (chapter C-24.2, r. 26):

(1)  towing charges for the damaged automobile from the site of the accident to the nearest garage;

(2)  daily impounding charges for the automobile from the date the claim for reimbursement is submitted, to the date on which the damage appraisal was made by the expert designated by the Société under subparagraph 1 of the first paragraph of section 148 of the Automobile Insurance Act (chapter A-25).

O.C. 1336-99, s. 3.

4. Where the owner chooses not to have repairs made to property that has been damaged, the Société pays:

(1)  in the case of an automobile, the cost of labour at an hourly rate of $18;

(2)  in the case of other goods, half the cost of labour for the repair of damage, as appraised by the expert designated by the Société under section 148.

O.C. 1336-99, s. 4.

5. Before making payment, a check of repairs to damaged property may be required.

O.C. 1336-99, s. 5.

6. (Omitted).

O.C. 1336-99, s. 6.

REFERENCES

O.C. 1336-99, 1999 G.O. 2, 4547