A-25, r. 12 - Regulation respecting indemnities payable under Title II of the Automobile Insurance Act

Section 44 Disposition versions

2012-09-01

44. Where a person has received an indemnity benefit to which he or she has no right or the amount of which exceeds that to which he or she is entitled, the Société, without prejudice to all its legal recourses, may retain any sum due to that person in the following manner:

(1)  if the amount due is a reimbursement of expenses or a lump-sum settlement, the Société may subtract the amount of the debt from the said amount due and only send the person the difference, if applicable;

(2)  if the amount due is a pension benefit, the Société may:

(a)  suspend pension payments until the debt has been reimbursed in full; or

(b)  decrease payment amounts by a percentage determined in accordance with the circumstances, ensuring that the percentage is sufficient to enable the Société to recover the debt within 3 years;

and readjust the payments accordingly once the debt has been repaid in full.

O.C. 1263-83, s. 44.