The Motor Vehicle Accident Claims fund is a government fund set up to provide compensation to people injured in motor vehicle accidents in certain situations; namely Statutory Accident Benefits claims, and tort claims, or negligence claims, for personal injury and property damage.
If you have been injured in a car accident due to someone else’s negligence and want to learn more about the Motor Vehicle Accident Claims fund, schedule a free, no-obligation consultation with McKiggan Hebert Lawyers today. Our Nova Scotia personal injury lawyers will take the time to listen to the details of your car accident case and injury, and will provide you with the best course of action for securing justice moving forward.
What Are The Requirements For Applying To The Motor Vehicle Accident Claims Fund?
In order to be considered for the Motor Vehicle Accident Claims Fund, you must meet certain criteria. First, all applicants must be residents of Ontario in order to be considered. Additionally, it is mandatory that the accident in question occurred in Ontario as well.
Next, you must be able to prove that you have sustained injuries in the aforementioned car accident, and that the injuries were a direct result of the other driver’s recklessness or negligence.
In order to successfully apply, there must be no other insurance available to help pay for your accident-related expenses. As mentioned earlier, not everyone is eligible to receive benefits from the Motor Vehicle Accident Claims Fund. However, there are other ways to secure compensation after getting into a car accident–you just need to speak with the right lawyer who will fight to find those options for you.
How Does The Motor Vehicle Accident Claims Fund Work?
Typically when someone is injured in a car accident by an insured driver, they will submit a claim, which will be responded to and paid by their insurance. Where there is no insurance policy available, such as an uninsured person injured while riding as a passenger in an uninsured vehicle, or a victim of a hit-and-run where the driver is identified, but uninsured, the victim should seek assistance from the Motor Vehicle Accident Claims fund.
The fund may respond up to the maximum benefits available under the Statutory Accident Benefits Schedule. Again, not all car accident victims will be able to fit this criteria and receive financial help from the Motor Vehicle Accident Claims fund. For this reason, it’s always wise to consult with a personal injury attorney right away. The right lawyer will explore options for you, and make sure that you apply for any financial help or assistance programs by the necessary deadlines.
What Should I Do If I’ve Been Injured In An Accident Due To Someone Else’s Negligence?
If you are injured in an accident caused by someone else, you may be able to file a tort claim against that person, also known as the “at-fault” party. For such claims, the parties must first enter into a lawsuit against the at-fault party. The fund may respond up to a maximum of $200,000 per accident, plus legal fees. This includes any claims made by the family members of the injured party. Drivers of uninsured vehicles injured in motor vehicle accidents are not permitted to bring an action against an at-fault driver.
What Happens Once My Claim Is Paid Out
Once the claim is paid out, the Motor Vehicle Accident Claims fund will continue to pursue the at-fault driver to recover the funds. The fund also reserves the power to suspend the uninsured motorist’s driver’s license until such funds are repaid.
Schedule A Free Car Accident Case Evaluation With McKiggan Hebert Lawyers Today If You Have Questions About The Motor Vehicle Accident Claims Fund
At McKiggan Hebert Lawyers we take the time to listen to your concerns and worries you have about your financial situation following a car accident. We understand how difficult and challenging it can be to get back on your feet after being hurt due to someone else’s negligence. That’s why we offer a free, no-obligation consultation for any car accident victim in need.
In your consultation, you can ask your lawyer about the Motor Vehicle Accident Claims Fund and may be able to find out if you are eligible. Even if you aren’t, our lawyers will stop at nothing to make sure that you receive the justice you deserve and that you receive the compensation you need to recover from the accident. The sooner you call, the sooner we can work together to get you the help you need.