A-25 - Automobile Insurance Act

Section 32 Disposition versions

1990-01-01

32. A victim who, after the scheduled date at the time of the accident for completion of his current studies, is unable, by reason of the accident, to begin or to continue the studies and unable to hold any employment is entitled to an income replacement indemnity for as long as he remains incapacitated for that reason.

The indemnity is computed on the basis of a gross income equal to a yearly average computed 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 scheduled date of completion of his studies.

1977, c. 68, s. 32; 1982, c. 59, s. 15; 1989, c. 15, s. 1.

1983-01-01

32. The victim contemplated in section 19, 20, 21 or 22 who remains unable to hold any employment is entitled, from the sixth year following the accident, to a continuation of the income replacement indemnity.

If the victim contemplated in section 19, 20, 21 or 22 is able to hold an employment from which, by reason of the injury sustained, he can earn only a gross income that is less than that used in computing his income replacement indemnity at the time of the accident, such victim is entitled, from the sixth year following the accident, to an income replacement indemnity equivalent annually to the difference between his net income used in computing his income replacement indemnity at the time of the accident, and the net income he earns or that he could earn from such employment.

However, if the victim contemplated in section 22 has become of full age or becomes so subsequently, the gross income established in the third paragraph of section 22 is used in making the computation.

The provisions of the second paragraph of section 26 concerning the minimum indemnity do not apply to the second paragraph.

1977, c. 68, s. 32; 1982, c. 59, s. 15.

1978-03-01

32. The victim contemplated in section 19, 20 or 21 who remains unable to hold any employment is entitled, from the sixth year following the accident, to a continuation of the income replacement indemnity.

If the victim contemplated in section 19, 20 or 21 is able to hold an employment from which, by reason of the injury sustained, he can earn only a gross income that is less than that actually earned or, as the case may be, estimated by the Régie, at the time of the accident, such victim is entitled, from the sixth year following the accident, to an income replacement indemnity equivalent annually to the difference between his net income actually earned or, as the case may be, estimated by the Régie, at the time of the accident, and the net income he earns or that he could earn from such employment.

The second paragraph of section 26, concerning the minimum amount of an indemnity, does not apply to the second paragraph.

1977, c. 68, s. 32.