Ontario law requires all drivers on the road to be covered by a valid auto insurance policy. However, if you are involved in a crash and there is no insurance policy to access, you may still be eligible for compensation to help cover your injuries or property damage.
The Motor Vehicle Accident Claims Fund (MVACF) is governed by the Financial Services Commission of Ontario to help provide compensation to injured accident victims. The fund is a last resort means of claiming compensation when all other avenues have been exhausted.
A car accident lawyer in Windsor is ready to fight for the compensation you need. Learn if you may be able to pursue a claim under the MVACF during a free legal consultation. This initial meeting comes with no obligation to have us represent you. We charge no upfront fees if we take or work on a case.
What Are the Eligibility Requirements?
The MVACF offers two forms of compensation: accident benefits and damages for personal injury or property.
You may be eligible to apply for compensation from the MVACF if you:
- Are a resident of Ontario
- Were involved in a crash in Ontario where no one had insurance
- Were injured or sustained property damage totaling more than $100
For instance, you could be covered if you were walking and hit by an uninsured driver or were a passenger in a vehicle, and neither driver involved was insured. You could also be covered if the other driver cannot be identified because he or she fled the scene or the crash involved a stolen vehicle.
Accident Benefits Through the MVACF
Anyone involved in a crash in Ontario has access to no-fault accident benefits. These benefits are offered to any injured party, despite who is at fault, to help cover medical and rehabilitation expenses.
Generally, you submit a claim for no-fault accident benefits through your own auto insurance. If you are uninsured and injured as a passenger in an insured vehicle, you may be able to get compensated from that policy. If the driver is uninsured, you may be able to get compensated from any other insured driver involved in the crash.
If no other insurance is available, you may be able to receive accident benefits through the MVACF as long as you meet the additional eligibility requirements and submit the proper documentation.
Damages Covered Through the MVACF
If you were injured in a crash through no fault of your own, you have the right to file a lawsuit or tort claim against the negligent party.
Typically, when you bring a tort claim against the at-fault driver, his or her insurance company will respond to the claim and pay out a settlement or verdict amount. Other times, your insurer may be required to pay the award.
However, if you are uninsured and the at-fault driver does not have insurance or cannot be identified, the MVACF may cover a portion of your damages, up to $200,000 in liability coverage. A settlement or verdict must be rendered for the MVACF to decide to pay out a tort claim.
It is important to note that the fund only provides compensation for personal injury or property damage - except for damage to vehicles - in an accident.
Does Any Compensation from the Fund Have to Be Repaid?
The at-fault driver is required to repay the fund any compensation the victim received after the crash. Failure to comply can result in licence suspension, seized property, or garnished wages.
Learn More About Your Rights Today
The claims process can be long and complicated without experienced legal help on your side. Greg Monforton & Partners is prepared to help you understand your rights after a motor vehicle accident. Our firm has a proven track record, having successfully recovered more than $150 million on behalf of our clients.
It costs nothing to meet with a lawyer and discuss your legal options in an initial consultation. If your claim has merit, we charge no upfront fees to retain our services. You only pay if you get compensated.
Call (866) 320-4770 for legal help.