In Alberta you generally have 2 years to start a personal injury lawsuit, counted from when you first knew, or ought to have known, that you were injured, that someone else's conduct caused it, and that it warrants a claim. There is a 10-year outer limit. The clock is paused for minors and people under a disability, and some notices are due much sooner: 30 days for Section B benefits.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
The limitation period for personal injury in Alberta
Alberta’s Limitations Act sets two clocks, and whichever runs out first ends the claim.
| Clock | When it starts | Length |
|---|---|---|
| Discovery period | When you first knew, or in the circumstances ought to have known, all three: that the injury occurred, that it was attributable to the defendant’s conduct, and that it warrants bringing a proceeding | 2 years |
| Ultimate period | When the claim arose | 10 years |
For a typical car crash with an obvious injury, all three facts are known on the day of the crash, so the practical deadline is 2 years from that date. The discovery rule matters when an injury is diagnosed later, or when it only becomes clear later that it is serious enough to warrant a claim.
Missing the deadline gives the defendant immunity from liability. The strength of the case does not matter after that.
Children and minors
The Act suspends the limitation periods while the injured person is a minor. The clock generally starts when they turn 18.
There is an important exception. A potential defendant can make the limitation periods start running against a minor by serving a formal notice to proceed in the prescribed form, for example on the child’s guardian. A parent who receives one should get advice promptly, because the clock may now be running.
People under a disability
The limitation periods are also suspended while a claimant is a person under disability. The Act defines that as a represented adult under the Adult Guardianship and Trusteeship Act, a person with a certificate of incapacity under the Public Trustee Act, or an adult who is unable to make reasonable judgments about matters relating to a claim. When a serious brain injury is involved, the timing needs a careful look.
Wrongful death claims
A family’s claim under the Fatal Accidents Act arises when the conduct that caused the death occurs. The discovery rule is less forgiving here, so families should not wait for criminal proceedings or an inquiry to finish before protecting the claim.
Deadlines that come before the two years
- 30 days: Section B accident benefits. A claim form must reach the insurer within 30 days of the accident, or as soon as practicable if that was not reasonable.
- 90 days: hit and run claims. Notice of a claim against an unidentified driver must be given to the Administrator under the Motor Vehicle Accident Claims Act within 90 days.
- Promptly: your own insurer. Your auto policy’s statutory conditions require prompt written notice of any accident.
- 2 years: suing your insurer for Section B. An action to recover Section B benefits must start within 2 years after the cause of action against the insurer arose.
Filing on time is not the last deadline
Starting a claim means filing a statement of claim in the Court of King’s Bench. In Edmonton that is the Edmonton Law Courts at 1A Sir Winston Churchill Square. In Calgary, the Calgary Courts Centre at 601 5th Street SW. After filing:
- the statement of claim must be served within 1 year, with at most a 3-month extension applied for before the year ends; and
- if 3 years pass without a significant advance in the action, the court must dismiss it on application, subject to limited exceptions.
Deadlines and Care-First
Crashes before and after Care-First
The Government of Alberta says its Care-First auto insurance system starts January 1, 2027. The new Automobile Insurance Act takes effect by proclamation, so always confirm the start date that applies to your crash.
Crash before Care-First starts: the current rules keep applying to it, including the right to sue the at-fault driver, the minor injury cap and Section B benefits (Automobile Insurance Act, s 103).
Crash after Care-First starts: injured people receive benefits from insurance, and the right to sue narrows to specific cases, such as a driver found guilty of a prescribed criminal or traffic offence, certain third parties like a vehicle manufacturer, a parts supplier or the municipality responsible for the road, and some losses above the benefit limits. Benefit disputes go to the Alberta Automobile Care-first Tribunal. For a crash before that date, the limitation rules on this page continue to govern the claim.
Sources
- Limitations Act, RSA 2000 c L-12
- Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972, Schedule A (Section B)
- Motor Vehicle Accident Claims Act, RSA 2000 c M-22
- Insurance Act, RSA 2000 c I-3, s 556 (automobile statutory conditions)
- Alberta Rules of Court, Alta Reg 124/2010 (Rules 3.26, 4.16, 4.33, 10.7)
- Court of King’s Bench of Alberta, Edmonton Law Courts
- Court of King’s Bench of Alberta, Calgary Courts Centre
- Automobile Insurance Act, SA 2025 c A-47 (Care-First)
- Government of Alberta, Care-First auto insurance