Accidents with Uninsured Drivers: What Happens Now?
What happens when you are injured in Ontario as a result of a motor vehicle accident and the driver of the vehicle who struck you did not have insurance coverage? You may be asking yourself: Will I be able to obtain medical and rehabilitation assistance, income replacement, and other benefits that I require?
The answer is yes. If you have automobile insurance, an Application for Accident Benefits will have to be submitted to your own insurer. It is your own insurer who will be responsible for providing you with reasonable and necessary accident benefits. It is also important to note that applying for these no-fault benefits does not affect your insurance premiums. If, however, you do not have your own automobile insurance, and no other automobile involved in the accident has insurance, or can be identified, you may be eligible for accident benefits from the Motor Vehicle Accident Claims Fund (MVACF).
The MVACF is a government fund. It is considered the payor of last resort. This means the fund provides accident benefits and other coverage to people injured in automobile accidents when there is no other automobile insurance that exists that can respond to a claim. Benefits for injured persons provided by MVACF are:
• Statutory Accident Benefits directly to persons involved in an automobile accident, who have no other recourse to automobile insurance.
• Compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver, or stolen vehicle when no liability insurance exists. This coverage is capped at $200,000.
It is important to note that the MVACF will not provide Accident Benefits when the accident was outside of Ontario or, in most cases, if the accident was in Ontario but the injured individual(s) does not reside in Ontario.
If you or a loved one find yourselves in this situation, a personal injury lawyer can help with this complex claim. They can ensure that forms, documentation, and information are supplied in a timely manner so that you or your loved ones can obtain access to the much needed Accident Benefits required in order to rehabilitate back to health after suffering serious injury.
About the Authors
Josie has been working in the legal industry since 1987. She joined Oatley Vigmond in 1995 as a senior law clerk, having developed expertise in demonstrative evidence applications, particularly in the areas of mediation and trial preparation. Her desire to provide hands-on support to clients and their families led her to become an accident benefits specialist. Now, she provides Oatley Vigmond clients with prompt and effective assistance to access the insurance benefits to which clients are entitled. She helps assemble a reliable community rehabilitation and long-term care team for our clients. She’s a licensed paralegal with the Law Society of Ontario, and holds a certificate in rehabilitation management from Seneca College.