The Motor Vehicle Accident Claims Fund (“MVACF”) is set up by the Ontario government for the purpose of providing statutory accident benefits to individuals involved in motor vehicle accidents, who do not have any automobile insurance policy from which to otherwise claim benefits. Consult with a lawyer to understand your rights.

An example of an instance where a person may not have any automobile insurance policy from which to claim accident benefits would be an uninsured driver of an vehicle who:

• Is involved in an accident with another uninsured driver; and

• Neither of the drivers, nor vehicles, have any insurance coverage; and

• There are no other vehicles involved in the accident that have insurance coverage; and

• Neither of the drivers live with a person whom they were dependant on who had a policy of automobile insurance; and/or

• The drivers do live with a person whom they are dependent on, but who does not have a policy of automobile insurance.

The idea is that the MVACF is a “payer of last resort” pursuant to section 268(2) of the Insurance Act R.S.O. 1990, c. I.8., which sets out that the MVACF is last in the list of priority for who is liability to pay statutory accident benefits. It is section 6 of the Motor Vehicle Accident Claims Act R.S.O. 1990, c. M.41. (“MVAC Act”), which mandates payment of accident benefits by the MVACF.

In order to claim for accident benefits from the MVACF the standard Statutory Accident Benefits Application (OCF-1) is required to be completed, signed and submitted, along with an additional Application for Statutory Accident Benefits under section 6 of the MVAC Act (Form 3), a Consent and Notification form, the Police Report (or Self-Reporting Collision Reports), and a letter confirming that the applicant is not a named insured under any policy (as a spouse or dependant) or that the policy of insurance was not in force at the time of the accident.

The accident benefits payable by the MVACF are the same set of accident benefits provided by Ontario’s standard auto insurance policy that forms part of every policy of auto insurance in Ontario. To qualify, applicants must be residents of Ontario and the accident must also have occurred in Ontario.

For more information, visit our accident lawyer section.