Operating a vehicle with insurance is mandatory in Ontario. This regulation provides a certain security and peace of mind for drivers in the event of a mishap.

However, in certain cases, you may find yourself injured in an accident in which the other party flees the scene and cannot be identified, or is under-insured/uninsured.

All accident victims in Ontario are entitled to statutory benefits (SABS) regardless of fault and this is payable by their own insurer. Additionally, they are also entitled to file a personal injury suit for damages against the at-fault party. The payment is made from the at-fault party’s insurance company.

An experienced Brampton personal injury lawyer with experience in dealing with similar cases can provide the right information and advice.

The Order of Seeking Compensation

There is a particular sequence or priority-order of claiming insurance when injuries occur and this is regardless of fault, under SABS  (Statutory Accident Benefits Scheme).

• The first agency to contact is your own insurance agency, if you have insurance.
• If you don’t have insurance but were in a vehicle that was insured, you can approach the insurer of that vehicle.
• If your injuries occurred when you were a cyclist or pedestrian, the insurer of the vehicle is liable to pay you compensation.
• As a last resort, if no insurance is available from any quarter, you can avail of compensation from the Motor Vehicle Accident Claims Fund (MVCAF) in Ontario.

What Is The MVCAF?

This is a fund that has been set up by the government of Ontario and is managed by the Financial Services Commission of Ontario. This fund is intended to help those who are victims of accidents without any other recourse to automobile insurance. It is designed to provide compensation in cases where the at-fault party is uninsured or cannot be identified because they have fled the accident scene. The fund also comes to the aid of people who have been injured in accidents involving stolen vehicles with no liability insurance. Hence, most cases that come up before the MVCAF are those involving pedestrians injured in hit-and-run accidents where the victim is unable to identify the vehicle that caused the accident, and uninsured or stolen vehicles.

This facility is available only to Ontario residents and to accidents that occur within the province. There could be several loopholes in the process – for instance, if one of family members of the victim who lives in the same house has coverage under a Family Protection Endorsement policy, that insurer has to make the compensation payment and this would absolve MVCAF of liability.

How We Can Assist 

Once you have availed of emergency medical treatment and ensured that your injuries are being properly treated, contact the nearest personal injury lawyer in Brampton without delay when such a mishap occurs.

Although the MVCAF funds are available in principle, in reality accessing them can be a long and arduous task. Since there are several complicated legal, medical and insurance issues involved, it’s important to seek advice, assistance and advocacy from an experienced Brampton car accident lawyer without delay.