SGI changes give families affected by drunk drivers more chances to sue

After getting approval from the Saskatchewan government, SGI has rolled out new policy changes that now make it easier for people affected by drunk drivers to sue the driver for compensation. 

The changes are part of the Crown corporation's auto injury coverage programs.

According to the new policy, a person or the family of a person affected by a drunk driver can now sue that driver, even when the driver is deceased, for pain and suffering or bereavement damages. The policy falls under SGI's no fault and tort coverage.

Don McMorris, the Saskatchewan minister responsible for SGI said this change represents "closing a loophole" that existed for a long time. 

"We're not changing the tort and no fault piece. What's happening is people insured through no fault in these very, very seldom cases will have a wider range of an ability to sue, depending on the criminal code charge [to the impaired driver]," he said. 

McMorris said the change means "the no fault piece is where it will impact the most."

Another change is SGI has expanded the list of offences that allow those people affected by drunk drivers to sue for pain and suffering or bereavement damages. That list now includes criminal negligence causing death or bodily harm, criminal negligence causing bodily injury, flight from a peace officer and dangerous operation while street racing.

The change also falls under SGI's no fault and tort coverage.

Other changes SGI is rolling out include:

• Updating amounts paid for living expenses to reflect current market rates, increasing the overall amount available for assistance to those with cognitive impairment and implementing a process to regularly review the amounts for alignment with market rates.
• Ending the practice of reducing income benefits by the amount a customer receives through Canada Pension Plan (CPP) disability (No Fault coverage).
• Ensuring Tort income benefits maintain pace with minimum wage (Tort coverage).

For the changes to take effect, they have to pass approval in the provincial legislature.

To help come up with the proposed changes, SGI met with auto injury customers, representatives from the medical, legal and insurance communities, an injury review panel and SGI employees. 

The Crown Corporation also conducted almost 900 public surveys.