The Motor Vehicle Accident Claims Fund (MVACF) is a government-established fund in Ontario designed to offer compensation to individuals injured in motor vehicle accidents. This fund serves as a last-resort payer, stepping in only when no other insurance coverage is available.
The general types of compensation you may be eligible for include Statutory Accident Benefits and tort damages for personal injury and property damage.
In order for you to be able to apply for compensation from the MVACF, you would need to reside in Ontario, have been involved in a motor vehicle collision where nobody involved had insurance, and have been injured and/or suffered property damage over $100.00.
Some examples of scenarios that would make you eligible for applying to the MVACF include if you were not in a vehicle but you were injured by an uninsured vehicle (such as if you were cycling, or walking and got hit by a car or truck), you were a in a vehicle which didn’t have insurance, or if you were a victim of a hit and run collision or a collision with a stolen vehicle.
The statutory accident benefits that could be provided by the MVACF are limited to the standard policy limits and protections that are issued in normal automobile insurance policies in Ontario. These can fund healthcare and other expenses that are directly related to the collision, such as physiotherapy, massage, assistive devices, funeral benefits, among many other kinds of benefits.
In terms of suing for damages such as general damages for pain and suffering, or damages related to a past or future loss of income, the MVACF only provides the minimum coverage that is required in Ontario, which is $200,000.00.
In the situation where the collision involved an uninsured driver, the MVACF can bring an action against that driver individually to attempt to recoup the costs that the MVACF paid out to the collision victim.
It is important that all possible defendants and sources of insurance are pursued before applying to the MVACF. As mentioned earlier, the MVACF will not pay unless every other avenue for compensation through private insurance has been exhausted. This means that you may need to try to get compensation from a family member’s insurance policy, even if you were not directly insured, before you apply for the MVACF.
Applying for and navigating the MVACF and collision scenarios where there is a lack of insurance can be extremely complicated and difficult. This blog only discussed some of the main highlights of the MVACF, but there are many other details and complications that can arise when making a claim through the Fund.
Its always best to consult a professional lawyer who has experience making claims to the MVACF in order to get a better possible outcome for your case. Please contact our team at JEWELL RADIMISIS JORGE LLP for a free initial consultation at 1 (855) 546-2525.