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Learn about legal action you can take if you’ve been injured in a vehicle accident by an uninsured or unknown driver.
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) 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.
Read the Alberta Motor Vehicle Accident Claims Program booklet for more information.
Payments from MVAC are a last resort for victims. This means if there’s any possible payment through insurance – even a partial payment – you’re not eligible to receive a settlement through MVAC.
Claims are only eligible if:
As an injured victim, you can get medical payments through your own insurance policy – commonly known as Section B medical benefits.
If you’ve been injured by an uninsured driver and you’ve used all your Section B medical benefits, you may be eligible to apply for benefits with MVAC. For more information, contact MVAC.
Legal assistance
There are multiple steps you must complete before you can receive a settlement. A lawyer can determine if you’re eligible for compensation and fulfil the necessary legal steps needed to receive a settlement.
Before you can file a claim, you must:
If you’ve been in an accident and the driver fled the scene, you must collect contact information from witnesses and canvass for other possible witnesses.
If you don’t know who the at-fault driver is, you must file a lawsuit against “The Administrator of the Motor Vehicle Accident Claims Act.” You’re encouraged to contact a lawyer for help with this process.
To file a claim, you must first file a lawsuit against everyone liable. Generally, you have 2 years from the accident to file a lawsuit. It’s recommended you find legal assistance to help you file a lawsuit and begin your claim.
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.
For accidents with uninsured drivers, it’s recommended you notify MVAC of your potential claim as soon as possible.
After MVAC has received all required documents, your file will be assigned to an adjuster who will:
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 will be sent to you or your lawyer by mail.
If you received interim medical expenses funding from MVAC, it will be deducted from your settlement payment.
Payments may be denied if:
To find out which forms to use – for a given situation – and how to complete them, use the Checklist for Judgment Forms (PDF, 169 KB).
PDF form issues
Fillable PDF forms do not open properly on some mobile devices and web browsers. To fill in and save the form:
The following forms, which are the only ones MVAC accepts, should be completed by a lawyer:
Use these forms for Section 4 claims:
Assignment of Judgment (PDF, 140 KB)
Statutory Declaration (PDF, 162 KB)
Certificate – use if a lawyer is involved (PDF, 130 KB)
Consent Judgment – Section 4 (PDF, 13 KB)
Use these forms for Section 7 claims:
Statutory Declaration (PDF, 162 KB)
Certificate – use if a lawyer is involved (PDF, 130 KB)
Consent Judgment – Section 7 (PDF, 12 KB)
Use these forms for Section 7(8) claims:
Statutory Declaration – Section 7 (8) (PDF, 185 KB)
Certificate – use if a lawyer is involved (PDF, 130 KB)
Medical Claims (PDF, 93 KB)
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
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