A-25 - Automobile Insurance Act

Section 38 Disposition versions

1990-01-01

38. A victim who, from the end of the school year in which he reaches 16 years of age, is unable to begin or to continue his studies and to hold any employment, by reason of the accident, is entitled to an income replacement indemnity for such time as he remains incapacitated for that reason.

The indemnity is 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 end of the school year during which the victim reaches 16 years of age.

1977, c. 68, s. 38; 1982, c. 59, s. 19; 1989, c. 15, s. 1.

1983-01-01

38. Where a victim having no spouse or dependants dies, and his contribution of work ensured the viability of a family enterprise whose principal owner was related to him by blood or adoption, and his remuneration was less than it would have been had he worked for a non-family enterprise, that owner and every other owner of the enterprise similarly related to the victim are entitled to a death benefit equivalent to the minimum indemnity contemplated in subsection 3 of section 37 for a dependant.

The Régie shall distribute the benefit among the owners in proportion to the interest of each in the enterprise. Each owner is entitled to his share of the benefit for a maximum period of five years, or till death.

1977, c. 68, s. 38; 1982, c. 59, s. 19.

1978-03-01

38. The death of a person of full age having no spouse nor dependants entitles his estate to a lump sum indemnity of two thousand dollars.

1977, c. 68, s. 38.