Motor Vehicle Accident Claims
In Canada, all drivers are required to have insurance for untoward cases concerning accidents. This insurance is compulsory but people still drive without it. In most scenarios, these uninsured drivers also do not have the capability to pay for the injuries they have inflicted. The guilty driver will flee from the scene leaving the victim helpless in some instances. Consequently, the afflicted parties do not know who to file a case against. This is the very reason why the Motor Vehicle Accident Claims Act was promulgated.
Available Claims for Motor Vehicle Accidents
There are two kinds of programs under the Motor Vehicle Accident Claims Act—the MVAC and MVAR. These 2 programs serve both the liable driver and the injured victim. Below are further explanations of these 2:
- MVAC – The program that safeguards the victims of hit and run or the uninsured. The MVAC is a way that the victim will receive payment for the personal bodily injuries caused by the uninsured motorist. Some medical benefits and the personal injury judgments will be paid by this program.
To avail the injury compensation, a case versus the erring uninsured driver must be filed in court. The action is filed against the Motor Vehicle Accident Claims Act’s administrator if the driver is unknown. Once the judgement is in the victim’s favour, MVAC will pay the latter. The amount, however, is not beyond $200,000 per accident regardless of the number of people who were hurt. In cases of multiple people involved in the same accident with claims totaling beyond $200,000, the injured parties will have to share that amount evenly.
Moreover, MVAC is known as the “last resort payer”. Other than shouldering the obligations of the uninsured motorist, accident benefits like income replacement, personal medical rehab and attendant care benefits are given to injured victims.
This program, however, will not free the uninsured driver from accountability. The MVAC will take legal action against the driver at-fault in order to recover the costs. This gives way to the second program—the MVAR.
- MVAR – Under the law, it collects from the uninsured motorist for the personal bodily injuries he/she caused. The amount to be collected is tantamount to the total cost of the money that is accrued to the victim.
On one hand, in cases where there is no insurance, in any form, is available, or if the fund has already been exhausted, filing for Medical Claims is possible. Medical claims will assist injured victims through the medical rehabilitation fund. This is stipulated in Section 17 of the Motor Vehicle Accident Claims Act.
Needless to say, as Motor Vehicle Accident claims are needed to help victims and the driver at-fault, seeking a personal injury lawyer is the best thing to do it, as soon as possible.
Note if you have been injured in a motor vehicle accident in the Ottawa area please go to our personal injury lawyer Ottawa page and contact one of the Ottawa car accident lawyers.