WERE YOU IN A MOTOR VEHICLE ACCIDENT (MVA)?

What do you do next?
​We have encountered many clients that have been in a motor vehicle accident (MVA) and do not know their rights and responsibilities to make sure their injuries get treated - whether it was their fault or someone else’s. Typically injury claims through insurance do not affect your insurance premiums - only the damage to the vehicle itself will, so you might as well get those injuries looked after instead of suffering.

The first steps after an injury accident:

• Seek emergency medical attention if needed depending on the severity of the injury
• Make sure to report the accident to the police and your insurance company as soon as possible
• Your insurance company will assign you a claim adjustor for bodily injuries. Make sure to have the name and contact information for your adjustor.

SEEK MEDICAL ATTENTION FOR AN ASSESSMENT OF YOUR INJURIES

In Alberta, this needs to be done by either a Medical Doctor, Physiotherapist or Chiropractor. The health professional will typically diagnosis your injuries and assign you to one of four categories of Whiplash Associated Disorders (commonly known as WAD).

Before your assessment, you will need to fill out a Notice of Loss and Proof of Claim Form (AB-1) 
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We will discuss WAD 1-3 as they are the most common in a motor vehicle accident. 

WHAT ARE WHIPLASH ASSOCIATED DISORDERS (WAD) ?

WAD is a complex condition with varied disturbances in motor, sensory motor, sensory function and psychological stress. It is the most common non-hospitalized injury resulting from a road traffic accident.

In Alberta, the Diagnostic Treatment Protocols Regulation (“DTPR”) is legislation that defines the criteria for each level of WAD as outlined below:

WAD I

• complaints of spinal pain, stiffness or tenderness;
• demonstrable, definable and clinically relevant physical signs of injury, including:
  
  1. ​​musculoskeletal signs of decreased range of motion of the spine, and
     
  2. point tenderness of spinal structures affected by the injury;
• no objective, demonstrable, definable and clinically relevant neurological signs of injury;
• no fracture to or dislocation of the spine.

WAD II

• complaints of spinal pain, stiffness or tenderness;
• no demonstrable, definable and clinically relevant physical signs of injury;
• no objective, demonstrable, definable and clinically relevant neurological signs of injury;
• no fractures to or dislocation of the spine.

WAD III

• objective, demonstrable, definable and clinically relevant neurological signs of injury
• abnormal reflexes and/or muscle weakness, often with sensory changes in a dermatomal pattern suggesting nerve root impingement
• no fracture to or dislocation of the spine

HOW MANY TREATMENTS DO I GET? WHO DO I HAVE TO SEE ?

WAD I

• For the treatment of a WAD I injury, not more than a combined total of 10 physical therapy, chiropractic and adjunct therapy visits (including massage therapy, acupuncture and manual osteopathy) to provide the treatment.
  • The first and last treatments need to be done with either a medical doctor, physiotherapist or chiropractor so that they may complete the initial and final assessments of your injuries and report your progress.
  • You have the choice of who you see for visits 2 through 9. Your massage therapist / acupuncturist / manual osteopath do not have to work in the same clinic as your chiropractor or physiotherapist.
  • All treatments need to be completed within 90 days of the original assessment date.

WAD II

• For the treatment of a WAD II injury, not more than a combined total of 21 physical therapy, chiropractic and adjunct therapy visits (including massage therapy, acupuncture and manual osteopathy) to provide the treatment.
  • The first and last treatments need to be done with either a Medical Doctor, Physiotherapist or Chiropractor so that they may complete the initial and final assessments of your injuries and report your progress.
  • You have the choice of who you see for visits 2 through 20. Your massage therapist / acupuncturist / manual osteopath do not have to work in the same clinic as your chiropractor or physical therapist.​
    
  • All treatments need to be completed within 90 days of the original assessment date

WAD III

• If you are diagnosed as WAD III, you fall outside of the protocols of WAD I & WAD II. You do not get the same 10-21 treatments as listed above unfortunately.
  • You are allowed a cap of $750 of chiropractic treatment, $250 massage therapy, $250 acupuncture, $600 physiotherapy, and if necessary $600 of psychological/occupational therapy.

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Disclaimer: The information listed above does not constitute legal or other professional advice and is for informational purposes only.