Death benefits (car accident)

Responsibility: Société de l'assurance automobile du Québec

If your spouse or dependents die as a result of a motor vehicle accident, you are entitled to death benefits under the Automobile Insurance Act. If the victim does not have a spouse or dependents, his or her father and mother or estate are entitled to these benefits. There is also an amount for funeral expenses.

The Automobile Insurance Act provides for a lump sum payment to compensate the surviving spouse and dependants for loss of income in the event of the death of an automobile accident victim.

Death benefits paid by the Société de l'assurance automobile du Québec are exempt from seizure.

BENEFITS / GRANTS

Death benefits are indexed on January 1st of each year.

VICTIM WITH DEPENDENTS

Surviving spouse :
The benefit paid to the surviving spouse varies according to the victim's age and income at the date of death:
minimum benefit: $61,354;
maximum benefit: $310,000.

Dependent :
Compensation to a deceased victim's dependent varies based on the dependent's age at the date of death:
minimum compensation: $29,141
maximum benefit: $53,686
If a dependent other than the spouse is disabled at the date of death, he or she is entitled to an additional lump sum payment of
25 308 $.

The children of a victim without a spouse are entitled to receive, in addition to their own compensation, the lump sum compensation that would have been paid to the surviving spouse, which they divide equally among themselves.

VICTIM WITHOUT A SPOUSE OR DEPENDENTS

Minor:
An award of $49,175 shall be paid, as of the date of death, in equal shares, either:
To the minor victim's father and mother or person standing in the place of a father or mother. If one of the parents is deceased, has lost parental authority or has abandoned the victim, his or her share is paid to the other parent;
to the estate, if both parents are deceased, unless the State receives the property.

Adult :
An award of $49,175 is paid to the estate of the person unless the state receives the property.

TERMS OF PAYMENT

For the benefits listed above, the beneficiary may request that the lump sum entitlement be paid in instalments over a period of up to 20 years.

FUNERAL EXPENSES

The estate of a deceased victim is entitled to a lump sum payment of $4,599 for funeral expenses.

AVAILABILITY ALLOWANCE

If the victim was hospitalized as a result of the accident and survived for a period of time prior to death, immediate family members are entitled to an availability allowance when a relative's presence was medically required:

availability of 4 hours or less: maximum of $35/day;
standby time of more than 4 hours: maximum of $70/day.
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DIRECT DEPOSIT

The various benefits paid by the Société de l'assurance automobile du Québec (SAAQ) can be deposited directly into the bank account of the injured person or his or her representative. The financial institution (bank or credit union) must be located in Canada and the benefits are paid in Canadian dollars only. Enrollment in this service is optional. It can be requested, changed or cancelled at any time.

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