Being struck by a vehicle as a pedestrian is a traumatic experience, made worse by the complexities of insurance claims. A common concern is whether you can receive compensation if you don’t own a car or have an auto insurance policy. The answer, thankfully, is yes. In Ontario, even without your own insurance, you have access to crucial benefits and legal protections.
Ontario’s No-Fault System and the MVACF
Ontario operates under a no-fault insurance system. This means that regardless of who caused the accident, your own insurance company (or that of a family member) is your first resource for compensation. However, what happens if you have no auto insurance?
This is where the Motor Vehicle Accident Claims Fund (MVACF) comes in. The MVACF is a government-funded organization that acts as a safety net for individuals involved in accidents with uninsured or unidentified drivers, or those lacking their own insurance coverage.
How to Access Benefits Through the MVACF
- Report the Accident: It’s crucial to report the accident to the police within 24 hours. This official documentation is vital for your claim.
- Contact the MVACF: You’ll need to notify the MVACF about the accident within 30 days. They will guide you through the application process for Accident Benefits.
- Seek Legal Counsel: While not mandatory, consulting a personal injury lawyer is highly recommended. They can assist you in understanding your rights, navigating the claims process, and potentially maximizing your compensation.
Benefits Available Through the MVACF
Even without your own insurance, you may be eligible for several benefits through the MVACF, including:
- Medical and Rehabilitation Expenses: This covers costs for medical treatment, rehabilitation services, medications, and assistive devices.
- Income Replacement Benefits: If your injuries prevent you from working, you may receive income replacement benefits to help cover lost wages.
- Attendant Care Benefits: If you require assistance with daily activities due to your injuries, attendant care benefits can help cover the costs of hiring a caregiver.
- Other Expenses: The MVACF may also cover expenses like housekeeping, transportation, and home modifications necessary due to your injuries.
Important Considerations
- Time Limits: There are strict deadlines for notifying the police and MVACF about the accident, so acting promptly is crucial.
- Uninsured Motorist Coverage: If you or a family member have an auto insurance policy, it may include uninsured motorist coverage, which can provide additional protection.
- Legal Action: In addition to Accident Benefits, you may be able to sue the at-fault driver directly, or the MVACF, for additional damages like pain and suffering.
Remember: Don’t let the lack of auto insurance deter you from seeking the compensation and support you deserve after a pedestrian accident. Contact the MVACF and a personal injury lawyer to explore your options.
