A-25 - Automobile Insurance Act

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39. A victim who resumes his studies but who, by reason of the accident, is unable to hold any employment after finishing or ending his studies is entitled to an indemnity from the end of his studies and for such time as he remains incapacitated for that reason.
If his studies end before the scheduled date therefor at the time of the accident, the victim is entitled
(1)  until the date scheduled as the date of the end of his studies, to an indemnity of
(a)  $3,000 for every school year not completed at the elementary level;
(b)  $5,500 for every school year not completed at the secondary level;
(2)  from the date scheduled as the date of the end of his studies, to the income replacement indemnity provided for in the third paragraph.
If his studies end after the scheduled date, the victim is entitled to an income replacement indemnity computed on the basis of a gross income equal to a yearly average established on the basis of the average weekly earnings of the Industrial Composite in Québec as established by Statistics Canada for each of the 12 months preceding 1 July of the year which precedes the date on which the studies are interrupted.
1977, c. 68, s. 39; 1982, c. 59, s. 20; 1984, c. 27, s. 39; 1989, c. 15, s. 1; 1991, c. 58, s. 9.
39. A victim who resumes his studies but who, by reason of the accident, is unable to hold any employment after finishing or ending his studies is entitled to an indemnity from the end of his studies and for such time as he remains incapacitated for that reason.
If his studies end before the scheduled date therefor at the time of the accident, the victim is entitled to an indemnity of
(1)  $3 000 for every school year not completed at the elementary level;
(2)  $5 500 for every school year not completed at the secondary level.
If his studies end after the scheduled date, the victim is entitled to an income replacement indemnity computed on the basis of a gross income equal to a yearly average established on the basis of the average weekly earnings of the Industrial Composite in Québec as established by Statistics Canada for each of the 12 months preceding 1 July of the year which precedes the date on which the studies are interrupted.
1977, c. 68, s. 39; 1982, c. 59, s. 20; 1984, c. 27, s. 39; 1989, c. 15, s. 1.
39. Except where a death benefit is payable under section 38, the death of a person having no spouse nor dependants entitles his father and mother, in equal shares, to a lump sum indemnity of $6 000.
Where, at the time of the accident, a person acted in loco parentis towards the victim, that person is entitled to the share of the parent he was replacing.
Subject to the second paragraph, the share of the dead parent, of the parent deprived of parental authority or of the parent who has abandoned the victim accrues to the other parent.
Where no person mentioned in this section is entitled to the lump sum indemnity, the estate of the victim if not declared vacant, is then entitled to a lump sum indemnity of $3 000.
1977, c. 68, s. 39; 1982, c. 59, s. 20; 1984, c. 27, s. 39.
39. Except where a death benefit is payable under section 38, the death of a person having no spouse nor dependants entitles his father and mother, in equal shares, to a lump sum indemnity of $6 000.
Where, at the time of the accident, a person acted in loco parentis towards the victim, that person is entitled to the share of the parent he was replacing.
Subject to the second paragraph, the share of the dead parent or of the parent deprived of parental authority accrues to the other parent.
Where no person mentioned in this section is entitled to the lump sum indemnity, the estate of the victim if not declared vacant, is then entitled to a lump sum indemnity of $3 000.
1977, c. 68, s. 39; 1982, c. 59, s. 20.
39. The death of a minor child entitles his father and mother if they have not been deprived of their parental authority to a lump sum indemnity of four thousand dollars.
The share of the dead parent or of the deprived parent shall accrue to the other parent.
1977, c. 68, s. 39.