Some accident victims in Saskatchewan say they are being denied justice because of enormous delays — often a year or longer — with the Automobile Injury Appeal Commission.

The commission was established three years ago as a forum for accident victims to appeal decisions by Saskatchewan Government Insurance on claims. It was supposed to be faster, cheaper and less complicated than the courts.

But critics say the system is far too slow and often unfair.

Rosemarie Mandziak, who was injured in a car accident seven years ago and was receiving benefits from SGI for years, said she was cut off after SGI said her injuries were all in her head.

Two years after making an appeal to the Auto Injury Appeal Commission, she is still awaiting a decision.

"It's a nightmare," she said. "It's like you're hanging in some sort of limbo."

Nearly half of decisions a year late

Commission chair Ann Phillips said the organization's goal is to have all decisions rendered within 60 days — but she acknowledged that almost half of its pending decisions have been outstanding for more than a year.

'We realize that this is an unacceptable situation and we are working as hard as possible to do something about that.'-Commission chair Ann Phillips

"That shouldn't happen," she said. "We realize that this is an unacceptable situation and we are working as hard as possible to do something about that."

However, according to lawyer Ken Noble, who has represented accident victims in commission cases, long waits are not the only problem.

Noble said the system is stacked against people because there's a cap on expenses they can claim — $2,500.

SGI has staff lawyers at their disposal, but claimants who hire a lawyer might only be able to claim a fraction of their legal costs.

"You've got the classic case of David and Goliath," he said.

Recently Noble won a case at the commission where he argued against the cap. The legal bill was $20,000, which meant that the win turned into a loss.

"It's bloody injustice," he said.

Noble said the Saskatchewan government should fix the inequity by raising the cap or eliminating it altogether.

Most claimants going to the appeal commission don't use lawyers. About half of them are successful.