Motor Vehicle Accident Claims Fund
While it is illegal in Ontario to operate a vehicle without insurance, many people still do it. To protect the public in situations where individuals are injured in accidents where no automobile insurance exists, the provincial government created the Motor Vehicle Accident Claims Fund (the “Fund”). The Fund is a last resort measure and all other avenues for insurance coverage must be considered prior to applying to the Fund.
Common scenarios where an application to the Fund may be warranted:
a passenger in a vehicle where no vehicle involved in the collision has insurance;
a pedestrian or cyclist struck by a vehicle without insurance; and
a pedestrian or cyclist struck by an unidentified vehicle (hit-and-run).
To apply for compensation to the Fund you must live in Ontario, been involved in a collision in Ontario where none of the parties involved has auto insurance, and must have sustained injuries.
Statutory Accident Benefits Schedule
Once eligible, the Fund can provide compensation by way of no-fault benefits under the Statutory Accident Benefits Schedule. These benefits are available to any party involved in an automobile collision regardless of fault. Depending upon eligibility, benefits can include income replacement benefits, medical and rehabilitation benefits, attendant care and housekeeping benefits.
The Fund may also provide compensation by way of damages for personal injuries to an injured party that is not at fault of the collision. This is commonly known as a “tort claim” and involves starting a lawsuit against the at-fault party. Typically, once sued, the at-fault party’s insurance company responds to the lawsuit and if there is a settlement or judgment, the insurance company will pay the amount. Where there is no insurance company to respond, the Fund will step into the shoes of the insurer and if required, will pay the settlement or judgment up to the maximum amount of $200,000 (including pre-judgment interest) plus legal costs.
Singer Kwinter has spent decades assisting injured accident victims navigate the system. Contact us today for your free consultation.
