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If you are not satisfied with a personal injury benefits decision made by SGI under the no fault insurance system, you can appeal the decision to the Automobile Injury Appeal Commission.
You have a limited time period to file your appeal. The Appeal Commission cannot extend your appeal period under any circumstances.
In cases involving at fault drivers who at the time of the accident were non-residents, impaired, or who intentionally used a motor vehicle to cause injury, claimants have 180 days from the date of receiving SGI's written decision to file an appeal with the Commission.
In all other circumstances, claimants must file their appeal within the later of:
Application forms are available from the Commission Office or online. An application fee of $75 must accompany the form.
The Commission can waive the application fee if the fee will cause a substantial hardship for the claimant. The Commission can refund the fee if the appeal is successful.
If a claimant is unable to conduct his or her own affairs, an appeal can be filed by someone authorized to act on the claimant's behalf.
Claimants or their representatives are encouraged to read our Preparing for an Appeal Hearing guidelines immediatley after filing an appeal. These guidelines offer examples of evidence typically used in an appeal. Evidence should be filed with the Commission as soon as it is available. The Commission will contact both you and SGI to schedule a hearing and will provide you with written notice of the hearing date, place and time. Hearings are usually held in Regina, Saskatoon and Prince Albert.
A copy of our Hearing and Decision Process guidelines is provided to all parties and although intended to assist unrepresented claimants, serve useful to SGI and members of the bar.
At the hearing, you will have the opportunity to present your case to the Commission. This includes referencing relevant documents and calling your witnesses. It is important that you attend the hearing. If you do not attend the Commission may dismiss your appeal or may hear and decide the appeal in your absence.
The Commission has the authority to set aside, confirm or vary benefits decisions made by SGI.
Once the Commission has reached a decision, the Commission will provide both you and SGI with written reasons for the decision. Decisions of the Commission are binding on both you and SGI and the parties have 30 days from the date of the decision to appeal to the Court of Appeal on a question of law. Decisions of the Commission are posted on its website after personal names are removed and replaced with initials.