A Shawinigan man, the victim of a serious traffic accident that left lasting consequences five years ago, obtained a review of his file from the Quebec Administrative Court by the Société de l'assurance automobile du Quebec, which refused to compensate him.
The traffic accident occurred on the evening of December 8, 2018. Marco Hamelin was traveling on Route 55 when he returned from dinner with work colleagues. Unfortunately, he lost control of his vehicle and ended up in a ditch.
“The road is slippery, it is windy and it is snowing. She [la route] will not be released. There are black ice and pieces of snow on the road,” says the document from the Quebec Administrative Tribunal (TAQ).
Mr. Hamelin managed to get out of his vehicle, but was only wearing shoes and not a coat. He runs as best he can for about ten minutes, hoping to find help. He was up to his waist in snow. He manages to free himself and collapses when he sees lights in the distance.
He doesn't wake up in the hospital until the next day. The frostbite on his feet and hands led to the amputation of the tips of his toes.
The SAAQ refuses to compensate Marco Hamelin, a victim of a traffic accident who suffered numerous permanent frostbites, hypothermia, amputations, two months of hospitalization, three months of rehabilitation, two years of sick leave and numerous permanent after-effects. Photo taken on Wednesday, December 20, 2023. PHOTO JEAN-SIMON HUBERT/AGENCE QMI Photo Agence QMI, Jean-Simon Hubert
Marco Hamelin suffered severe frostbite, which led to the amputation of the tips of his toes and skin grafts to his feet and hands. A picture of his foot, immediately after the accident. Photo provided by Marco Hamelin
“I have constant pain in my feet and hands. It’s like my limbs are permanently frozen,” says Mr Hamelin, adding that he has also undergone skin grafts on his feet.
The SAAQ refuses to compensate Marco Hamelin, a traffic accident victim who suffered numerous permanent frostbites and whose after-effects such as pain in his hands and fingers remain. Photo agency QMI, Jean-Simon Hubert
Two months in the hospital
Mr. Hamelin has undergone several surgeries. He was hospitalized for two months, underwent rehabilitation for three months and was unable to work for two years.
Despite everything, the Société de l'assurance automobile du Québec (SAAQ) refused to compensate him, arguing that one cannot suffer frostbite while driving a vehicle and that it is the second event, namely the search for help, that she caused.
“Walking in cold and snowy conditions does not constitute using a car. In the case of a gentleman, the use of an automobile is stopped when frostbite occurs,” argues the SAAQ.
An argument that doesn't work for the accident victim.
“It takes a toll on morale, fear and everything else,” admits the 55-year-old man, who works in an aluminum remelting center.
The SAAQ refuses to compensate Marco Hamelin, a victim of a traffic accident who suffered numerous permanent frostbites, hypothermia, amputations, two months of hospitalization, three months of rehabilitation, two years of sick leave and numerous permanent after-effects. Photo taken on Wednesday, December 20, 2023. PHOTO JEAN-SIMON HUBERT/AGENCE QMI Photo Agence QMI, Jean-Simon Hubert
Quebec's administrative court issued a decision earlier this month overturning the state-owned company's decision and calling for a review of the file.
The TAQ considers the SAAQ's arguments to be too restrictive and argues that the hypothermia from which Mr Hamelin suffered occurred while using the automobile.
Lawyer Marc Bellemare, who accompanied him, praised his client's courage.
“He is a hero in my eyes because he has overcome so many trials and bureaucratic hurdles, with the added bonus of a changed physical and psychological state,” he shares, pointing out that many accident victims are discouraged by the extent of the delays .
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