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Suing an Uninsured or Unidentified Motorist (Claims Information)

Overview:

 
The Minister may only make payments out of the Motor Vehicle Accident Claims Fund ("MVACF") for judgments against uninsured or unidentified motorists as specifically provided for in the Motor Vehicle Accident Claims Act [New Window] (the "Act"). The responsibility to obtain a judgment following all the proper rules rests with the claimant and his/her lawyer.
 
Recovery from MVACF is limited to accidents which occur in Ontario and only to residents of Ontario when recovery is unavailable from an insurance company.
 
Your lawyer will be required to contact MVACF in accordance with the Motor Vehicle Accident Claims Act [New Window] and the Rules of Civil Procedure [New Window].

Coverage:
 

Depending on when your accident occurred, coverage and deductibles are applicable to what can be claimed. The authority to pay claims is created in sections 4 [New Window], 7 [New Window], 12, 13 [New Window] & 15 [New Window] of the Motor Vehicle Accident Claims Act [New Window]
 

For accidents you may sue for general and special damages, as well as Family Law Act [New Window] ("FLA") claims. All claims are subject to a statutory deductible. 

 

MVACF's third party liability limit is $200,000.00 (inclusive of pre-judgment interest), per occurrence, plus partial indemnity legal costs and disbursements. This amount is reduced by the amount payable for property damage claims (if any).
 

Application for Payment Out of the Motor Vehicle Accident Claims Fund of Judgment Against an Uninsured Motorist:

Section 7 Applications

 
MVACF is not liable to pay a Judgment unless it was first given notice of the uninsured motorist's failure to defend the court action, before a Judgment is obtained. The internal MVACF prescribed Notice of Default form must be submitted, if the defendant(s) have defaulted in the court action. It is not necessary to note the defendant(s) in default under the Rules of Civil Procedure.
 
In addition, the claimant(s) and defendant(s) cannot resolve the matter without the consent of MVACF as the claim will not be paid.
  
To obtain payment of a Judgment against an uninsured motorist, an Application for Payment under Section 7 [New Window] of the Act is required as well as compliance with sections 7, 8 & 9 [New Window].
 
This application is a sworn document and should be completed and returned to MVACF only when a claimant, with no access to automobile insurance, has obtained a Judgment against an uninsured driver/owner in compliance with the Act.
 
The Application must include the following:
 
  1. The original Judgment (or a certified copy)
    • For Small Claims Court Only - An Affidavit For Enforcement Request
  2. A copy of the Statement of Claim
  3. A copy of the assessed Solicitor and Client Account (in accordance with section 27 of the Act [New Window])
 

Payment of a Judgment Against the Superintendent:

Section 19 Payments

 
Default Judgments against the Superintendent will not be paid out of MVACF.
 
In order for Judgments against the Superintendent to be paid, claimants must comply with sections 12 through 19 of the Act [New Window] and MVACF requires the following:
 
  1. The original Judgment (or a certified copy)
  2.   
  3. A copy of the assessed Solicitor and Client Account (in accordance with section 27 of the Act [New Window])
MVACF is not liable to pay the Judgment unless the Statement of Claim has previously been served on the Superintendent and MVACF was provided an opportunity to defend the action.

For more information please contact:
 
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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