When an injured person has no automobile insurance liability policy, they can still claim compensation under the Motor Vehicle Accident Claims Act. the aftermath of motorcycle accidents includes a lot of things. The Ontario government provides benefits to such people injured in motor accidents through a fund established by them. It is called the Motor Vehicle Accident Claims Fund, Act.
You can get payment from this fund as a last resort, only if no insurance coverage is available. This is why it is called the payer of the last resort. To know when and how much compensation is available and how you should apply, read along.
What Is The Motor Vehicle Accident Claims Fund Act and When Is It Available?
Under section 4 of the Motor Vehicle Accident Claims Act, if an uninsured motor vehicle causes a person to suffer personal injury, death, property damage/loss, the person may apply to be compensated from the MVACF for the damages he sustained.
In the following cases (and more), he can apply for a claim:
- The accident took place between uninsured drivers.
- A hit and run case where the injured pedestrian/cyclist who wasn’t insured can’t identify the vehicle that injured him.
- An uninsured vehicle of a person gets stolen.
It is important to note that the MVACF applies to the residents of Ontario and can be drawn upon by those who live inside the province.
What Kind of Compensation is Available?
The two types of recovery awarded by the MVACF includes:
- Statutory Accident Benefits: Benefits to applicants or injured applicants with no recourse to other automobile insurance
- Benefits for Damages: The benefits awarded to claimants when there is a case involving an uninsured driver, an unidentified driver, or a case involving stolen, uninsured vehicles.
Applying for MVACF
For No-Fault Benefits
Under the Statutory Accident Benefits Schedule, any person injured in a car accident is entitled to no-fault benefits no matter who is at fault. If there are two parties and both have suffered injury, they both can apply.
Usually, the application is made through car insurance. In case you do not have insurance but the one who injured you does, you can claim compensation through that as well. You may also seek compensation from any other vehicle involved in the accidents other than you two.
For hit and run cases with uninsured pedestrians, the injured can apply to the fund, keeping in mind that they reside in Ontario.
There is a second possible compensation for you to claim if the accident was the fault of someone other than you. You can make a tort-claim against the faulty party. When you start or make such a claim, the insurance company of the party at fault will come forward and settle your claims.
That insurance will act as your reward. But if the party at fault is uninsured or for a hit and run case that is unidentified, the MVACF may compensate you. Once the judgment is given after the lawsuit, the MVACF can choose to pay.
The Motor Vehicle Accident Claims Fund Act is for the residents of Ontario only. If you are a tourist who has traveled to Ontario and not purchased car insurance, this Act may be relevant to you. The MVACF may respond if the jurisdiction of your area matches with that of the province. To help you understand your rights better, you must talk to a personal injury lawyer rather than dealing with these yourself. The hardest and most confusing part remains to identify the insurance company of your offender and what claims you can make. Seeking expert advice on this is thus, your safest bet.