A-25 - Automobile Insurance Act

Section 40 Disposition versions

2022-07-01

40. The income replacement indemnity to which a victim is entitled under this chapter is reduced by 25% from the date of his sixty-fifth birthday, by 50% from the date of his sixty-sixth birthday and by 75% from the date of his sixty-seventh birthday.

From the date of his sixty-eighth birthday until his death, the amount of his indemnity is determined in accordance with the computation method prescribed by regulation, according to the related rules and terms.

However, where a victim is 64 years of age or over on the date of the accident, the income replacement indemnity to which he is entitled is reduced by 25% from the second year following the date of the accident, by 50% from the third year and by 75% from the fourth year following that date. The victim ceases to be entitled to his indemnity four years after the date of the accident, except where the accident occurred before the date of his sixty-fifth birthday, in which case the second paragraph applies from the fifth year following the date of the accident, with the necessary modifications.

If the indemnity determined in accordance with the second paragraph is greater than the indemnity reduced by 75% in accordance with the first paragraph, it is to be paid from the date of the victim’s sixty-seventh birthday rather than from the date of his sixty-eighth birthday.

1977, c. 68, s. 40; 1989, c. 15, s. 1; 2022, c. 13, s. 2.

1990-01-01

40. Where a victim is 64 years of age or over on the date of the accident, the income replacement indemnity to which he is entitled is reduced by 25% from the second year following the date of the accident, by 50% from the third year and by 75% from the fourth year.

The victim ceases to be entitled to the indemnity four years after the date of the accident.

1977, c. 68, s. 40; 1989, c. 15, s. 1.

1978-03-01

40. For the purposes of this division, the victim’s posthumous child is deemed his dependant.

1977, c. 68, s. 40.