MOOSE JAW, Sask. – Changes to automobile insurance laws that were
passed in the Saskatchewan legislature July 4 mean rural municipalities
can once again be sued for injury claims.
Mike Morris, legal services manager for the Saskatchewan Association of
Rural Municipalities, told a district meeting here on June 26 that
there have been no claims since no-fault insurance was put in place in
1995.
On June 26, he said RMs would be faced with more bodily injury claims
if the proposed amendments to the Automobile Accident Insurance Act
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federal government proposed several months ago to increase the compensation rate from 80 to 90 per cent and double the maximum payment from $3 million to $6 million
were passed. The amendments would allow people to opt out of no-fault
insurance as of Jan. 1, 2003.
The bill was given third reading July 4.
Morris urged municipalities to take steps to protect themselves in case
of a claim.
RMs are required to keep their roads in a reasonable state of repair.
“It’s important for councils to be proactive and identify hazards,”
Morris said.
“It’s not enough to receive complaints.”
He said councils should set up inspection policies and should keep
records of when roads were gravelled, graded and inspected, when
complaints were received, and what action was taken.
“Make a note of who did the work,” Morris said.
“Take photos before and after if you’re going in to remedy after a
complaint.”
He added that just because no one complains doesn’t mean roads are in
good repair.
“You need to look at roads from the perspective of someone who’s not
familiar with the roads,” he said.
RMs should also keep track of accidents that might be road-related.
Morris urged councils to have good relationships with local RCMP so
they are notified of accidents that may have been a result of road
conditions.
Morris’s advice came in light of a March 18 Supreme Court decision
against the RM of Shellbrook, which was sued several years ago after a
driver missed a curve where there was no sign. The RM was found 35
percent at fault, while the injured passenger and the impaired driver
also shared the blame. The Saskatchewan Court of Appeal overturned the
original decision, but the Supreme Court later restored the trial
judge’s ruling.
Because the driver was underinsured, it will cost the RM more than $2
million. The sign would have cost about $200.
