You may have heard of the Motor Vehicle Accident Claims Fund. Motor vehicle accidents are stressful in and of themselves, this stress is compounded when the at-fault driver flees the scene, or if you are informed that the at-fault driver did not carry insurance. Despite what you have been told, there are channels through which you can seek compensation. If you were injured in a hit and run, or an accident where the at-fault driver carried no insurance (perhaps because the vehicle was stolen) it is important you reach out to an experienced personal injury lawyer. Having representation in these situations is critical, as the process to launch a claim is complex and there are deadlines that must be met. In scenarios like this, you may be eligible to utilize the Motor Vehicle Accident Claims Fund.
What Is The Motor Vehicle Accident Claims Fund?
In Alberta, drivers are protected by the Motor Vehicle Accident Claims Fund (the “Fund”) which compensates parties up to $200,000 for injuries caused by an unknown driver, or by a driver who did not carry insurance. If your injuries breach the $200,000 maximum, you may be able to seek compensation through your own vehicle insurance policy in the form of an SEF 44 protection clause. If you qualify under the SEF 44 clause, you will be compensated for your injuries above and beyond the Fund’s $200,000 limit. In any event, the starting point for a claim against an unknown, or uninsured, driver is always the Fund.
How Do I Make A Claim Using The Motor Vehicle Accident Claims Fund?
To claim against the Fund, you (or your lawyer) must take steps to determine the identity of the unknown driver. If reasonable efforts to find the driver fail, you can claim against the fund (assuming you also take the following steps). For the Fund to be triggered, you must satisfy Fund appraisers that no other source of compensation is available. This is known as the “1% rule”. If there is a 1% chance that another party, outside the unknown or uninsured driver, is responsible for the accident you cannot claim against the fund. You must then seek compensation from that party; and if this fails, you can then attempt to claim against the Fund.
Deadlines You Need To Know About “The Fund”
Lastly, the Fund requires written notice of a potential claim within 90 days of accident. If you miss this 90-day limitation period, the Fund may deny coverage. If you are reading this post after the 90-day limitation period, we urge you to contact one of our lawyers as we may be able to commence a claim notwithstanding the missed limitation period.
A Team You Can Trust
Since 1993, James H. Brown and Associates has built its reputation on award-winning service and proven results. When you work with us, you’re working with a proven team of experienced injury lawyers dedicated to standing up for your rights.
Our team also includes engineers, analysts, and other professionals here to support your case and provide care through every phase of the legal process and your recovery. From understanding the long-term impact of your injuries to helping you navigate the road to recovery, you can count on James H. Brown and Associates for care and support every step of the way.
Results matter when it comes to serious injuries. When you’re pursuing legal action after an accident, nothing is more important than securing compensation for your short and long-term needs.
James H. Brown and Associates has proudly helped clients in Edmonton and across Alberta secure comprehensive settlements for their injuries, including numerous precedent-setting cases that continue to set the standard in Alberta injury law. Today, our team is ready to keep fighting for the rights of injured Edmontonians and helping them move forward after a serious accident.
Read more about our results here.
*Results vary according to the facts in each case. Past results are not necessarily indicative of future results.
Have You or a Loved One Been Injured?
With over 200 years’ combined injury law experience, James H. Brown and Associates are dedicated to serving the Edmonton area by supporting accident victims through every phase, from making a claim and navigating the courts to managing care and long-term treatment.
Contact us today to schedule a free, no-obligation consultation with James H. Brown and Associates’ injury lawyers.