Alberta's minor injury cap limits pain and suffering damages for sprains, strains and whiplash-associated disorders that do not cause a serious impairment. For crashes on or after January 1, 2026 the cap is $6,306, up from $6,182 in 2025. It does not limit lost income, treatment costs or other out-of-pocket losses.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
The cap for your crash date
The cap is set by the Minor Injury Regulation and adjusted every January 1. The amount that applies is the one in force on the date of the crash, not the date you settle. Recent figures, from the Superintendent of Insurance:
| Crash date | Minor injury cap |
|---|---|
| January 1 to December 31, 2026 | $6,306 |
| 2025 | $6,182 |
| 2024 | $6,061 |
| 2023 | $5,817 |
| 2022 | $5,488 |
| October 1, 2004 to 2006 | $4,000 (the original amount) |
Since 2025 the yearly increase follows the “Alberta escalator” set under the Alberta Personal Income Tax Act. The 2026 increase was 2%.
What counts as a minor injury
The regulation defines a minor injury as a sprain, a strain or a WAD injury caused by the accident that does not result in a serious impairment.
- WAD means whiplash-associated disorder. A WAD injury under the regulation excludes whiplash that shows objective, demonstrable, clinically relevant neurological signs, and whiplash with a fracture or dislocation of the spine.
- Jaw injuries: since June 1, 2018, an injury involving the temporomandibular joint (TMJ) is treated as a sprain, strain or WAD injury unless it damages bone or teeth or damages or displaces the articular disc.
- Related symptoms: for injuries on or after November 1, 2020, the definition includes clinically associated sequelae of the sprain, strain or WAD injury, physical or psychological, that do not result in a serious impairment. Headaches, sleep problems or anxiety that flow from a whiplash injury can therefore fall inside the cap.
The regulation defines a sprain as an injury to tendons or ligaments and a strain as an injury to muscles, so even a torn ligament is legally a sprain and is capped unless it causes a serious impairment. Fractures, spinal dislocations and whiplash with objective neurological signs are outside the definition. So is concussion, which the regulation does not list.
What the cap does not limit
The cap applies only to non-pecuniary damages, the legal term for pain, suffering and loss of enjoyment of life. It does not reduce:
- past and future loss of income and earning capacity
- cost of care and treatment not covered by insurance
- out-of-pocket expenses, often called special damages
- housekeeping and home maintenance losses that can be proven
For someone who misses months of work after a whiplash injury, the income claim can be far larger than the capped portion. Treating a capped injury as a small claim is a common and expensive mistake.
Getting out of the cap: serious impairment
An injury that causes a serious impairment is not a minor injury, even if it began as a sprain or strain. The regulation sets a three-part test. The impairment of a physical or cognitive function must:
- cause a substantial inability to perform the essential tasks of your job, or of training or education you were enrolled in, despite reasonable efforts to accommodate you and your reasonable efforts to use that accommodation, or to perform your normal activities of daily living;
- have been ongoing since the accident; and
- be expected not to improve substantially.
All three must be proven with medical evidence. Gaps in treatment, returning to full duties early without documentation, or missing appointments are the facts insurers use to argue the test is not met.
When you and the insurer disagree: certified examiners
If you and the other side disagree about whether your injury is minor, either can require an assessment by a certified examiner, a physician or dentist on the Superintendent of Insurance’s register.
- Notice requiring an assessment cannot be given until at least 90 days after the accident.
- The examiner must give a written opinion within 30 days of the assessment.
- The opinion is prima facie evidence, meaning it stands as proof unless other evidence displaces it. It is persuasive, not final.
Because the opinion carries that weight, what reaches the examiner matters: your treatment records, your own doctor’s findings and a clear account of how the injury affects work and daily life.
The cap 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. The cap described here applies to crashes before Care-First starts.