A-25 - Automobile Insurance Act

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10. No person is entitled to compensation under this title in the following cases:
(1)  if the injury is caused, while the automobile is not in motion on a public highway, by, or by the use of, a device that can be operated independently, as defined by regulation, and that is incorporated with the automobile;
(2)  if the accident in which an injury is caused by a farm tractor, a farm trailer, a specialized vehicle or drawn machinery, as defined by regulation, occurs off a public highway;
(3)  if the injury is caused by a snowmobile or a vehicle intended for use off a public highway, as defined by regulation;
(4)  if the accident occurs as a result of a contest, show, race, open trial, demonstration or exhibition involving one or more automobiles on a track or other location temporarily or permanently closed to all other automobile traffic or inside a building, whether or not the automobile that causes the injury is participating in the contest, show, race, open trial, demonstration or exhibition;
(5)  if the injury is caused by a motor-assisted bicycle, a motorized mobility aid or a motorized personal mobility device, as defined by regulation.
In each case, subject to sections 108 to 114, responsibility is determined according to the ordinary rules of law.
However, in the cases described in subparagraphs 2, 3 and 5 of the first paragraph, a victim is entitled to compensation if an automobile in motion, other than a vehicle mentioned in those subparagraphs, is involved in the accident.
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486; 1988, c. 51, s. 100; 1989, c. 15, s. 1; 2018, c. 72018, c. 7, s. 174.
10. No person is entitled to compensation under this title in the following cases:
(1)  if the injury is caused, while the automobile is not in motion on a public highway, by, or by the use of, a device that can be operated independently, as defined by regulation, and that is incorporated with the automobile;
(2)  if the accident in which an injury is caused by a farm tractor, a farm trailer, a specialized vehicle or drawn machinery, as defined by regulation, occurs off a public highway;
(3)  if the injury is caused by a snowmobile or a vehicle intended for use off a public highway, as defined by regulation;
(4)  if the accident occurs as a result of a contest, show, race, open trial, demonstration or exhibition involving one or more automobiles on a track or other location temporarily or permanently closed to all other automobile traffic or inside a building, whether or not the automobile that causes the injury is participating in the contest, show, race, open trial, demonstration or exhibition.
In each case, subject to sections 108 to 114, responsibility is determined according to the ordinary rules of law.
However, in the cases described in subparagraphs 2 and 3 of the first paragraph, a victim is entitled to compensation if an automobile in motion, other than a vehicle mentioned in those subparagraphs, is involved in the accident.
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486; 1988, c. 51, s. 100; 1989, c. 15, s. 1; 2018, c. 72018, c. 7, s. 174.
10. No person is entitled to compensation under this title in the following cases:
(1)  if the injury is caused, while the automobile is not in motion on a public highway, by, or by the use of, a device that can be operated independently, as defined by regulation, and that is incorporated with the automobile;
(2)  if the accident in which an injury is caused by a farm tractor, a farm trailer, a specialized vehicle or drawn machinery, as defined by regulation, occurs off a public highway;
(3)  if the injury is caused by a snowmobile or a vehicle intended for use off a public highway, as defined by regulation;
(4)  if the accident occurs as a result of an automobile contest, show or race on a track or other location temporarily or permanently closed to all other automobile traffic, whether or not the automobile that causes the injury is participating in the race, the contest or the show.
In each case, subject to sections 108 to 114, responsibility is determined according to the ordinary rules of law.
However, in the cases described in subparagraphs 2 and 3 of the first paragraph, a victim is entitled to compensation if an automobile in motion, other than a vehicle mentioned in those subparagraphs, is involved in the accident.
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486; 1988, c. 51, s. 100; 1989, c. 15, s. 1.
10. In the cases contemplated in the second paragraph of section 7 and, notwithstanding section 4, in the cases contemplated in section 9, the following persons, when subrogated in the victim’s rights under the Acts hereinafter mentioned, have the same recourses as the Régie to recover their claim against the person not resident in Québec and who is responsible for the accident or against the person held liable for compensation for bodily injury caused in such accident by a person not resident in Québec: the Commission de la santé et de la sécurité du travail and, if such is the case, the employer under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Commission de la santé et de la sécurité du travail under the Act to promote good citizenship (chapter C-20) and the Crime Victims Compensation Act (chapter I-6), the Régie de l’assurance-maladie du Québec under the Health Insurance Act (chapter A-29), and the Government, under the Hospital Insurance Act (chapter A-28).
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486; 1988, c. 51, s. 100.
10. In the cases contemplated in the second paragraph of section 7 and, notwithstanding section 4, in the cases contemplated in section 9, the following persons, when subrogated in the victim’s rights under the Acts hereinafter mentioned, have the same recourses as the Régie to recover their claim against the person not resident in Québec and who is responsible for the accident or against the person held liable for compensation for bodily injury caused in such accident by a person not resident in Québec: the Commission de la santé et de la sécurité du travail and, if such is the case, the employer under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Commission de la santé et de la sécurité du travail under the Act to promote good citizenship (chapter C-20) and the Crime Victims Compensation Act (chapter I-6), the Régie de l’assurance-maladie du Québec under the Health Insurance Act (chapter A-29), and the Government, under the Hospital Insurance Act (chapter A-28) and under the Social Aid Act (chapter A-16).
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486.
10. In the cases contemplated in the second paragraph of section 7 and, notwithstanding section 4, in the cases contemplated in section 9, the following persons, when subrogated in the victim’s rights under the acts hereinafter mentioned, have the same recourses as the Régie to recover their claim against the person not resident in Québec who is responsible for the accident or against the person held liable for compensation for bodily injury caused in such accident by a non resident: the Commission de la santé et de la sécurité du travail and, as the case may be, the employer under the Workmen’s Compensation Act (chapter A-3), the Commission de la santé et de la sécurité du travail under the Crime Victims Compensation Act (chapter I-6), the Régie de l’assurance maladie du Québec under the Health Insurance Act (chapter A-29), and the Government, under the Hospital Insurance Act (chapter A-28) and under the Social Aid Act (chapter A-16).
1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329.
10. In the cases contemplated in the second paragraph of section 7 and, notwithstanding section 4, in the cases contemplated in section 9, the following persons, when subrogated in the victim’s rights under the acts hereinafter mentioned, have the same recourses as the Régie to recover their claim against the person not resident in Québec who is responsible for the accident or against the person held liable for compensation for bodily injury caused in such accident by a non resident: the Commission des accidents du travail du Québec and, as the case may be, the employer under the Workmen’s Compensation Act (chapter A-3), the Commission des accidents du travail du Québec under the Crime Victims Compensation Act (chapter I-6), the Régie de l’assurance maladie du Québec under the Health Insurance Act (chapter A-29), and the Gouvernement, under the Hospital Insurance Act (chapter A-28) and under the Social Aid Act (chapter A-16).
1977, c. 68, s. 10; 1978, c. 57, s. 92.
10. In the cases contemplated in the second paragraph of section 7 and, notwithstanding section 4, in the cases contemplated in section 9, the following persons, when subrogated in the victim’s rights under the acts hereinafter mentioned, have the same recourses as the Régie to recover their claim against the person not resident in Québec who is responsible for the accident or against the person held liable for compensation for bodily injury caused in such accident by a non resident: the Commission des accidents du travail and, as the case may be, the employer under the Workmen’s Compensation Act (chapter A-3), the Commission des accidents du travail under the Crime Victims Compensation Act (chapter I-6), the Régie de l’assurance maladie du Québec under the Health Insurance Act (chapter A-29), and the Gouvernement, under the Hospital Insurance Act (chapter A-28) and under the Social Aid Act (chapter A-16).
1977, c. 68, s. 10.