A man from Shawinigan who was the victim of a serious road accident 5 years ago, leaving him with permanent after-effects, obtained from the Administrative Tribunal of Quebec a review of his file by the Société de l’assurance automobile du Quebec which refuses to compensate him.
The road accident occurred on the evening of December 8, 2018. Marco Hamelin was driving on Route 55 while returning from dinner with work colleagues. Unfortunately, he lost control of his vehicle and ended up in a ditch.
“The road is slippery, it’s windy and it’s snowing. She [la route] is not released. There is black ice and pieces of snow on the roadway,” we can read in the document from the Administrative Tribunal of Quebec (TAQ).
Mr. Hamelin managed to get out of his vehicle, but he was only wearing shoes and no coat. As best he can, he walks for about ten minutes hoping to find help. He found himself stuck up to his waist in snow. He manages to free himself and, seeing lights in the distance, he collapses.
He only wakes up the next day in the hospital. The frostbite on his feet and hands that he suffered led to the amputation of the tips of his toes.
The SAAQ refuses to compensate Marco Hamelin, a road accident victim who suffered numerous permanent frostbite, 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 on his feet and hands. An image of his foot, immediately after the accident.
Photo provided by Marco Hamelin
“I have constant pain in my feet and hands. It’s as if my limbs were permanently frozen,” says Mr. Hamelin, adding that he also underwent skin grafts on his feet.
The SAAQ refuses to compensate Marco Hamelin, a road accident victim who suffered numerous permanent frostbite and who remains with after-effects, such as pain in his hands and fingers.
Photo Agence QMI, Jean-Simon Hubert
Hospitalized for two months
Mr. Hamelin has undergone several operations. He was hospitalized for two months, underwent rehabilitation for three months and was off 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 seeking help. , which caused them.
“Walking in the cold and snow does not constitute the use of an automobile. In the case of the gentleman, the use of the automobile is over when frostbite appears,” argues the SAAQ.
An argument which does not pass for the accident victim.
“It’s hard on morale, anxiety and everything,” confides the 55-year-old man who works in an aluminum remelting center.
The SAAQ refuses to compensate Marco Hamelin, a road accident victim who suffered numerous permanent frostbite, 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
The Administrative Tribunal of Quebec issued a decision at the beginning of the month overturning the state corporation’s decision and requesting a review of the file.
The TAQ considers the SAAQ’s arguments too restrictive and argues that the hypothermia from which Mr. Hamelin suffered materialized during the use of the automobile.
Lawyer Marc Bellemare, who accompanied him in the process, salutes the courage of his client.
“He is a hero in my eyes for having gone through so many ordeals and bureaucratic obstacles, with the added bonus of an altered physical and psychological condition,” he shares, specifying that many accident victims are discouraged by the magnitude delays.