In Alberta, our system of ensuring that people receive compensation when they are injured in a motor vehicle accident works on a tort system. This generally means that the injured party sues the defendant driver to recover compensation that is meant to place the injured party into as close of a position as they were prior to the wrongful act by the defendant. This sounds well and good, and in most cases, this is simple enough. But what if you can’t identify the defendant or the defendant does not have insurance and cannot pay you for your injuries? This could be the case in instances where you have been injured in a hit and run, or where the defendant driver has stolen the vehicle. In such cases, you might ask how am I supposed to get compensation for my injuries? Do not fret! We can help you get the compensation you are entitled to and ensure you are able to get the payment that you deserve!
What is the Motor Vehicle Accident Claims Fund?
To address this issue, Alberta has the Motor Vehicle Accident Claims Fund (“The Fund”) established under the Motor Vehicle Accident Claims Act. The Act aims to ensure that victims injured by uninsured or unidentified parties are able to sue someone to recover compensation. There are some important caveats however, the fund will not reimburse you for damage to property and the maximum amount that you can obtain when suing the fund is $200,000.00 this is inclusive of all claims with respect to one accident. It is however notable that drivers themselves may be able to recover treatment costs on application to the correct authorities.
Let James H. Brown and Associates Help!
If you believe you have been injured and are unable to identify the defendant, the defendant does not have insurance, or you yourself have been injured due to your own conduct but are for some reason unable to receive compensation from your insurer contact us today! We can assist you with navigating the proper procedures for making a claim to the Motor Vehicle Accident Claims Fund and getting you the compensation you need to assist with the necessities of life.
