Who provides accident benefits when there is no auto insurance available after an accident?
April 15, 2007, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
The purpose of the Motor Vehicle Accident Claims fund is to provide statutory accident benefits directly to persons involved in a car accident who do not have recourse to any other policy of automobile insurance for accident benefits. The fund is considered a “payor of last resort”. You are entitled to full accident benefits as if you had your own car insurance policy.
The benefits are available even if the injured person is at fault in the accident. For the at fault driver then the exclusion clauses provided under the statutory accident benefits would apply. Such exclusions include driving the car without consent, driving the car while knowing the car was not insured or the driver was excluded under the policy. In those circumstances the exclusions apply to income replacement benefits, caregiver benefits, housekeeping expenses, visitor expenses and lost educational expenses. All medical, rehabilitation and attendant care benefits would still be available. When you have been involved in a car accident and you are not sure where you will be able to obtain accident benefits, then consult one of your car accident / personal injury lawyers and we can review the matter in depth with you. We can also assist in completing the documentation for application for accident benefits.
About Paquette Travers & Deutschmann
Paquette Travers & Deutschmann serve South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Doug O’Toole focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.
The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.