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WHAT YOU NEED TO KNOW IN CASE YOU ARE INVOLVED IN A MOTOR VEHICLE ACCIDENT WHEN YOU BELIEVE THERE ARE NO POLICIES OF INSURANCE

In Ontario, did you know that if you are involved in a motor vehicle accident and there are no apparent drivers/owners of motor vehicles with insurance, you may still be covered under the Motor Vehicle Accident Claims Fund?

In order for you to claim under the Motor Vehicle Accident Claims Fund you must exhaust all avenues of automobile insurance to make a claim for benefits for injuries stemming from the motor vehicle accident.  This is covered under the Insurance Act of Ontario. 

Basically, you are responsible to claim under your own policy of insurance first and if there is no policy including your spouse, dependant or a listed driver, then you must apply as an injured person to the vehicle which you were an occupant; or, alternatively, to the vehicle that you were struck by as a pedestrian.  If there is still no policy, then you may apply to any other vehicle involved in the accident. 

Finally, if there is still no other vehicle involved in the accident for which you can claim or apply to as an injured person, you may apply to the Motor Vehicle Accident Claims Fund. 

The Motor Vehicle Accident Claims Fund is really a last resort for an injured person.  A most typical situation where the Motor Vehicle Accident Claims Fund may become involved arises in a situation where the victim of a pedestrian accident gets struck by a vehicle in a hit and run and the pedestrian does not have any motor vehicle accident insurance nor do they have spouse, dependant or a listed driver that they could claim from. 

Another example of this would involve a single vehicle accident where there is no insurance and no other policy for which an injured person could claim, the Motor Vehicle Accident Claims Fund would have to respond to your application.  The Motor Vehicle Accident Claims Fund would step in the shoes of a typical insurance provider and provide necessary benefits as if there was an active policy in place.

 

For assistance with a personal injury and/or insurance claim, please email David Himelfarb at dhimelfarb@himprolaw.com or call 1-855-446-7765, for a free case evaluation.

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