Section 3 – Document Service

 

Request for document service under Section 3 of the Motor Vehicle Accident Claims Act for claims without a subrogated interest:

 
Where a Plaintiff commences an action against an uninsured motor vehicle owner or driver, pleadings can be forwarded to MVACF with a request for service under Section 3 of the MVACF Act. It is important to note that document service cannot be performed for insured defendants or defendants with no address registered with the Ontario Ministry of Transportation.
 
**Exception** The Plaintiff cannot have a subrogated interest:
 
Based on the exception, the following parties can be served under Section 3:
 
  1. Uninsured defendant who is identified but cannot be located, or
  2. If plaintiff counsel was unsuccessful in serving the uninsured defendant, or
  3. If uninsured defendant took the vehicle (insured) without consent (charged with theft of auto) and defendant cannot be located.

Time limitation:

 
Under the Rules of Civil Procedures, the Plaintiff has 180 days to serve the Statement of Claim.
 
If the time for service has expired, Section 3 service will be denied. In such instances, Plaintiff counsel must file a motion to the courts requesting an extension for service.
 
The following are documents which must be submitted to us in order to process a Document Service request:
                                                      
  • Letter of request for Section 3 service;
  • 4 copies of the Statement of Claim including Police Report;
  • If an insurance policy is referenced on the police report; a letter from the insurer is required outlining when the insurance policy was cancelled (date and time) and the reason for cancellation 
Claims Adjudication and Settlement Unit
Motor Vehicle Accident Claims Fund
Financial Services Commission of Ontario
5160 Yonge Street
P.O. Box 85
Toronto, ON M2N 6L9
Phone: (416) 250-1422 or
Toll Free: 1-800-268-7188
Fax: (416) 590-7076


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