Five years after he was the victim of injuries sustained while leaving the road in Shawinigan, Marco Hamelin has just won his case against the Société d'assurance automobile du Québec. The SAAQ refused to pay him compensation for the frostbite that resulted in the amputation of two toes and skin grafts, as these injuries were sustained when Mr Hamelin walked in the cold after leaving the street.
But the Quebec Administrative Court overturned the SAAQ ruling. The damage suffered by Mr Hamelin is directly related to the use of his car, says Judge Natalie Lejeune.
Marco Hamelin must therefore be compensated as a traffic accident victim.
Back in 2018
This story of this resident of the Saint Georges sector of Shawinigan begins on December 8, 2018. Mr. Hamelin attends his employer's holiday dinner. While driving home, his car got stuck between the two lanes of Highway 55 between Shawinigan and the Grand Mère sector.
He got out of the vehicle unhurt to get help. Without a cell phone, without a winter coat and without boots, he takes a forest path to the Boulevard des Hêtres. But because of the darkness, wind and snow, he got stuck in a snowdrift.
The individual manages to free himself. He decides to return to his vehicle on the highway but loses consciousness. He was rescued by passersby who picked him up on the side of the road on 55 and woke up a few hours later in the hospital with severe frostbite on his feet and hands.
“My body temperature was 31 degrees. I ended up dying. That’s why I fell.”
– Marco Hamelin
Marco Hamelin was transferred from Shawinigan to Quebec to be admitted to Enfant Jésus Hospital, a center specializing in the care of severe burn victims. His feet and hands are in poor condition. Doctors amputated the first joint of two toes. The heels receive skin grafts. His right little finger was in danger of being amputated, but doctors managed to save him.
“I had four operations. I spent three months at Enfant-Jésus and two months at an amputee rehabilitation center in Quebec to learn to walk again,” says Mr. Hamelin, now 55 years old.
This is where the fight with the SAAQ begins. He refuses to pay him compensation because he did not suffer any injuries as a result of the accident on December 8, 2018. She claims there is no connection between leaving the road and Mr Hamelin's diagnosis of hypothermia. According to SAAQ, “only climatic conditions and the passage of time are responsible for injuries.”
The SAAQ claims that Marco Hamelin's record is made up of two separate events: the car accident and his decision to get out of his vehicle to get help.
The Quebec Administrative Court disagrees. The TAQ “considers that the event meets the definition of a car accident and that damage occurred as a result of the use of a car.” The ruling states that there is no rule that dictates remaining in the vehicle or the intentions of Mr Hamelin to question.
“The company maintains a flawless plan. In fact, it is possible that the same thing would have happened if the gentleman had stayed in his car and waited for help. He may have suffered from hypothermia.”
According to TAQ, the hypothermia occurred “generally in connection with the use of motor vehicles.” There is therefore a connection between the accident and the injuries to his hands and feet.
An important decision
According to Me Marc Bellemare, Marco Hamelin's lawyer, this TAQ decision is interesting because it addresses the broader concept of damage resulting from an accident.
“The decision is important in that the SAAQ refused payment on the grounds that there were several sequences: the sequence of leaving the road without causing bodily harm, and the SAAQ was right.” But the SAAQ says it was the second sequence , which froze him: “He got out of the vehicle, he ran and it’s not our fault.” That’s a somewhat ridiculous argument. But the judge says so. The event is a whole. If he had not used his vehicle, he would not have suffered frostbite. If it had been at the corner of Boulevard des Forges and Highway 40 [à Trois-Rivières], he wouldn't have frozen to death. But deep in the forest, in the middle of the night, in winter, the consequences can be different, and that’s exactly what happened here.”
According to Me Bellemare, there is no evidence that he would not have suffered frostbite regardless of clothing. In addition, car insurance is designed as a no-fault liability system, he recalls.
“SAAQ pays people who were drunk and suicidal. Whether they pay these people is a question of principle. The government never wanted to change the compensation criteria. Mr. Hamelin is right at the heart of the regime. He is not at fault in this matter. The question is whether part of the concept of a car accident is to seek help and return to a habitable location in the middle of the tundra, leaving the person injured. The judge said yes. We force SAAQ to compensate him.”
— I Marc Bellemare
The lawyer explains that the SAAQ is now responsible for evaluating Mr. Hamelin's file and determining the amount to which he is entitled for the various professional care services he has received. He was also unable to work for two years.
He changed his job type within the same company to have less walking, which resulted in a pay cut. This man, who suffers from constant foot pain, hypersensitivity in his fingertips, sleep problems and anxiety, could receive residual compensation for the difference in salary.
Me Bellemare pays tribute to the persistence of Marco Hamelin, who did not want to give up despite the past years and the rejection from the SAAQ.
“I understand that he will be compensated. But it is tragic to leave a citizen to fend for himself for so long. If the SAAQ has the chance to say no, it will not hesitate to say so. People need to know that this judgment exists. Don't believe the word of SAAQ. She's not your friend. Don't think that officials are there to help people. Mind your own business and don’t get caught up in the SAAQ.”
SAAQ reactions
In an email exchange with Le Nouvelliste, the SAAQ media department said that the TAQ considered that, based on the facts presented, Mr Hamelin had established the causal link between his condition and the accident.
“The company is currently analyzing the decision and will not comment at this time given the deadlines for requesting a review,” writes Sophie Roy, PR specialist and social media manager.