MVAC – Injured by an uninsured or unknown driver

Overview

If you’ve been injured in a vehicle accident and the at-fault driver doesn’t have valid insurance or flees the scene, you may not have anyone to sue for your injuries.

The Motor Vehicle Accident Claims Program (MVAC) protects victims by ensuring they have recourse to sue uninsured and unidentified motorists for their personal injuries.

The Motor Vehicle Accident Claims Program (MVAC) provides you with a way to sue and get payment for your injuries. As a victim, you may qualify for up to $200,000 – if there’s more than one victim, the payment will be a pro-rated spilt between all of you.

Claims

Eligible claims

Payments from MVAC are a last resort for victims. This means if there’s any possible payment through insurance – even a partial payment – you are not eligible to receive a settlement through MVAC.

Claims are only eligible if:

• you suffered bodily injuries from a vehicle accident – property damage is not eligible
• you are a resident of Alberta or if you live in another jurisdiction with a similar program, you may still be eligible
• the accident happened in Alberta
• the accident was the fault of an uninsured or unknown driver
• only the uninsured or unknown driver is at fault

Interim medical expenses

As an injured victim, your medical costs may be covered through your own insurance policy – commonly known as Section B medical benefits. If you depleted these benefits, you may be eligible to apply for benefits with MVAC. For more information, contact MVAC.

How to file a claim     

There are multiple steps you must complete before you can receive a settlement. Retaining legal assistance can help you with this process. A lawyer can determine your compensation eligibility and fulfil the necessary legal steps needed to receive a settlement.

Step 1: Collect contact information

• All contract information must be exchanged before leaving the scene of the accident.
• For hit and run accidents, you must collect contact information from witnesses and canvass for other possible witnesses.

Step 2: Contact your insurance company

• Investigate all possible insurance coverage, even partial coverage.
• Your insurance company is responsible for interim medical expenses (Section B medical benefits).

Step 3: File a lawsuit

• In order to initiate a MVAC claim, you must first file a lawsuit against everyone liable. Generally, you have 2 years from the accident to file a lawsuit.  It is recommended that you find legal assistance to help you with this process.
• There are several forms required to start the process. Go to the Forms section below to see what is required.
• File a lawsuit against the person or people liable for the accident and your injuries – you should find legal assistance to help you with this process.

Step 1: Serve a notice.      

• Serve a notice of your lawsuit on the liable person or people.

Deadlines to notify MVAC

To initiate a claim, you must first notify MVAC of the accident:

Hit and run accidents

 If you do not know who the at-fault driver is, you must file a lawsuit against ‘The Administrator of the Motor Vehicle Accident Claims Act.’  You are encouraged to contact a lawyer to help with this process.

For hit and run accidents, you must notify MVAC about your potential claim within 90 days of the accident. Failing to notify MVAC can result in your claim being denied.

Uninsured driver accidents

For accidents with uninsured drivers, it’s recommended you notify MVAC of your potential claim as soon as possible.

Settlements

After MVAC has received all required documents, your file will be assigned to an adjuster who will review, investigate and determine the compensation of your claim.

Investigations and compensation negotiations can take a long time and might require you to participate in additional legal proceedings.

Once you reach a compensation agreement with MVAC and file all necessary court documents, a cheque (less any interim medical expenses provided to you from MVAC), a cheque will be sent to you or your lawyer by mail.

Denied payments

Payments may be denied if:

• MVAC was not notified of the claim
• you did not involve MVAC in discussions with the at-fault driver and you reached an agreement on your own
• you left someone out of your lawsuit
• you did not complete the necessary legal proceedings
• you did not fulfil your responsibility to get as much information as possible at the scene of the accident
• another insured party is partly liable for your injuries

Forms

To find out which forms to use – for a given situation – and how to complete them, use the Checklist for Judgment Forms.

The following forms, which are the only ones MVAC accepts, should be completed by a lawyer:

Known defendants(s)

Use these forms for Section 4 claims:

Assignment of Judgment
Statutory Declaration
Certificate – use if a lawyer is involved

Judgment example

Consent Judgment – Section 4

Unknown defendant(s) with a judgment

If you do not know who the at-fault driver is, you must file a lawsuit against “The Administrator of the Motor Vehicle Accident Claims Act.”

Use these forms for Section 7 claims:

Statutory Declaration
Certificate – use if a lawyer is involved

Judgment example

Consent Judgment – Section 7

Unknown defendant(s) without a judgment

Section 7(8) claims:

Contact [email protected] to obtain the forms for completion of your claim.

Medical claims

Medical Claims

Contact

Connect with the Motor Vehicle Accident Claims Program:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone main: 780-427-8255
Phone medial claims: 780-427-9212
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-415-2200
Email: [email protected]

Address:
Motor Vehicle Accident Claims Program
Suite 600, Sun Life Place
10123 99 Street NW
Edmonton, Alberta T5J 3H1