What is the Ontario Motor Vehicle Accident Claims Fund, and Why is it Necessary?
If you have been involved in a motor vehicle accident in Ontario, our no-fault rules apply in how you will seek benefits. You will first seek insurance benefits through your own auto insurance policy. If you don’t have insurance, you would then need to look to the other drivers’ insurance policies for recovery. But what happens if nobody involved in the accident is insured? While this very rarely happens, an injured individual can apply for MVACF benefits if they are eligible.
What is the Motor Vehicle Accident Claims Fund?
The Motor Vehicle Accident Claims Fund, or MVACF, is the insurer of last resort in Ontario. It was established by the government to help provide benefits to those who are injured in a motor vehicle accident if there are no insurance resources available. The fund offers two types of benefits
- Statutory accident benefits
- Personal injury damages and property damages
If you are a resident of Ontario and the accident occurred here, you can apply to MVACF for benefits under the Statutory Accident Benefits Schedule. These benefits are available to anyone who suffered an injury in the accident, regardless of fault.
If the accident was the fault of another driver, you may also apply to MVACF for damages for your injuries. This requires that you make a tort claim against the at-fault party. If you obtain a judgment, the MVACF may pay the claim.
Who Does it Benefit?
Drivers are required to have insurance on their automobiles by law. But what happens to pedestrians or bicyclists? These are people who are most vulnerable in an accident but most likely to not have insurance. In these cases, MVACF can be an invaluable resource. In the case where an uninsured pedestrian or bicyclist is involved in an accident with an uninsured driver, MVACF will step in.
If you have been involved in a motor vehicle accident and are not sure about your rights or liabilities, it is critical to get the advice of an experienced Cambridge, ON personal injury lawyer. At Hilborn and Konduros, we can help you understand your rights after a serious motor vehicle accident. Call us at (519) 658-6341 or contact us online to schedule a no-cost consultation.
