A concussion is a mild traumatic brain injury, and it is not listed in Alberta's Minor Injury Regulation, which covers sprains, strains and whiplash. That means pain and suffering damages for a concussion are not automatically capped. Insurers may still argue your symptoms come from a capped whiplash injury, so medical evidence of the brain injury itself is what decides it.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
Is a concussion a minor injury in Alberta?
The Minor Injury Regulation defines a minor injury as a sprain, strain or whiplash-associated disorder that does not cause a serious impairment, plus, for injuries since November 1, 2020, the clinically associated sequelae of those injuries. A concussion is none of those. It is not mentioned in the definition or anywhere else in the regulation.
So a diagnosed concussion is claimed as a brain injury, and its pain and suffering damages are not limited by the $6,306 cap that applies to minor injuries in 2026 crashes.
The argument insurers make anyway
Concussion and whiplash often happen in the same crash, and they share symptoms: headaches, dizziness, poor sleep, trouble concentrating, irritability. Since 2020 the regulation brings physical and psychological sequelae of a whiplash injury inside the cap.
That gives an insurer a line of attack: your headaches and fog are just part of the whiplash, so the whole claim is capped. The answer is evidence that a brain injury occurred and that the symptoms come from it:
- a concussion diagnosis recorded at the time, ideally from the emergency department or your family doctor
- notes of any loss of consciousness, confusion or memory gaps at the scene, from paramedics, police or witnesses
- neuropsychological testing showing changes in memory, attention or processing speed
- a specialist opinion, for example from a neurologist, physiatrist or concussion clinic, separating the brain injury from neck pain
Symptoms worth recording from day one
Most concussion symptoms are reported, not seen. A record kept close to the time is often the strongest proof available. Note, with dates:
- headaches and whether screens, noise or light make them worse
- forgetting conversations, appointments or where you put things
- reading the same paragraph twice, or losing track at work
- mood changes, irritability or anxiety noticed by family
- sleep changes and fatigue
- balance problems or dizziness
Ask a family member or coworker to write down what they noticed too. Changes others see carry weight.
What a concussion claim can include
For a crash before Care-First starts, a concussion claim against the at-fault driver can include:
- pain and suffering, not limited by the minor injury cap
- lost income, including graduated return-to-work periods
- loss of earning capacity if cognitive symptoms persist
- cost of care, such as vestibular therapy, cognitive rehabilitation and counselling
- out-of-pocket expenses
Section B accident benefits pay treatment costs up to $50,000 within 2 years, whoever was at fault. See Section B benefits.
When concussion symptoms do not go away
Many people recover from a concussion within weeks. When symptoms last months, the claim changes from a short recovery to a question of long-term function at work and home. That is when the evidence in this guide matters most, and when a settlement signed early can leave a lasting injury uncompensated.
Serious and moderate brain injuries have their own guides for Edmonton and Calgary, including where rehabilitation happens in each city.
Concussion claims and 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.
Sources
- Minor Injury Regulation, Alta Reg 123/2004 (Alberta King’s Printer)
- Superintendent of Insurance, Interpretation Bulletin 05-2025: Minor Injury Regulation annual increase
- Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972, Schedule A (Section B)
- Limitations Act, RSA 2000 c L-12
- Automobile Insurance Act, SA 2025 c A-47 (Care-First)
- Government of Alberta, Care-First auto insurance