If you are being sued for causing injuries in a motor vehicle accident and you do not have insurance or your insurance company will not defend you, you have several options.
- hire a lawyer
- ask the Motor Vehicle Accident Claims Program (MVAC) to handle your claim – to do this, contact MVAC
- choose not to defend yourself and be noted in default – MVAC can settle the case without your consent and you still may owe money to the injured party
- defend yourself and negotiate a private settlement – this is not recommended
If you do not wish to retain a lawyer, or cannot afford one, it is open to you to defend your self in court, however you must do so within the deadlines set out on the legal documents served upon you, and the Rules of Court.
After a lawsuit is filed
When a victim files a lawsuit for damages, all reasonable efforts are made to contact you – the at-fault party.
Even if you refused to cooperate or you were never located, the lawsuit will proceed and you will be found liable. It is important to get legal advice promptly because you have a very short time to formally respond to a legal claim, once you have been served with a legal document, such as a Statement of Claim.
If MVAC decides a victim should be compensated for their injuries, the amount paid to the victim is a debt you will owe and will be responsible to repay the victim's entire compensation.
When a claim is paid, a court judgment will be made against you. Motor Vehicle Accident Recoveries (MVAR) enforces the MVAC judgment decisions by recovering the funds paid out on your behalf by MVAC from the at-fault parties.
The debt you owe MVAR is separate from debts owing for traffic violations or criminal action related to the accident.
Not paying your debt
If you do not pay your debt to MVAR, collection actions will be taken against you. These can include:
- suspending your driver’s licence and vehicle registration across Canada
- garnishing funds from your paycheques and bank accounts
- registering your debt with the Canada Revenue Agency Refund Set-off Program
- taking additional enforcement actions under the Civil Enforcement Act
After you have been notified of your debt, you can repay your MVAR debt by:
- paying your debt in full
- applying to MVAR to repay your debt in instalments
Payment options to pay in full
The following payment options are available:
- Online or telephone banking
- Payee: Government of Alberta – MVAR
- Account #: Contact MVAR to ensure you have your correct account number
- Pre-authorized payments
- Contact MVAR to discuss and obtain the documents
- Visit www.paysimply.ca
- Payee: Government of Alberta – MVAR
- Payment options available through PaySimply include credit card, Interac e-transfer, PayPal and Canada Post
- E-transfer payments through your financial institution need to be sent to: [email protected]
- Include your MVAR account number in the message section of the payment
- cheques, money orders, and certified funds should be made payable to:
- Government of Alberta – MVAR
Government of Alberta – MVAR
PO Box 11421
Edmonton AB T5J 3K6
- Include your account number with your payment. DO NOT send cash. To ensure that your payments or documents are received by MVAR, use a mail service that provides a confirmation number, such as Express Post. MVAR is not responsible for the loss of cash sent by mail.
Paying through instalment payments
Contact MVAR to discuss instalment payment option and repayment plan.
If approved for instalment payments, you will be assigned a recoveries officer to your file.
Your recoveries officer will handle all aspects of your repayment including:
- payment schedules
- changes to your address or banking information
- changes to your financial situation including:
- changes to your payment amount or payment method
- reinstating your driver’s licence if it was suspended for non-payment
- negotiating the removal of a writ against your property if you would like to sell the property
Your repayment agreement is reviewed annually and revised if needed.
Contact your recoveries officer as soon as possible if you are:
- experiencing financial hardships
- on a limited income like AISH or social assistance
We keep all your file information private and confidential. Sometimes, the law requires the release of your personal information to other agencies including:
- Canada Revenue Agency
- registry agents
- financial institutions
- employers and landlords
- other government agencies
If you would like us to share information with another person like a spouse and allow them to make payments on your behalf, you can name them as a third party on your account.
Due to privacy laws, we are unable to release information about:
- the victim
- contact information for other parties involved in the same accident
- payment arrangements made by other parties
- other court documents – these can be obtained from the courthouse
PDF form issues
Fillable PDF forms do not open properly on some mobile devices and web browsers. To fill in and save the form:
- Save the PDF form to your computer – click or right-click the link and download the form.
- Open the PDF form with Adobe Reader. Fill it in and save it.
If you are still having problems opening the form, contact PDF form technical support.
- Motor Vehicle Accident Recoveries Debtor Payment
- Financial Statement of Debtor
- Third Party Sharing Consent
Collections and general enquiries
Connect with the Motor Vehicle Accident Recoveries Program for general enquiries or collections issues:
Motor Vehicle Accidents Recoveries Program
P.O. Box 11421
Edmonton, Alberta T5J 3K6