Alberta’s Motor Vehicle Accident Claims Fund is a no-fault insurance scheme administered by the Government of Alberta. It was created to help provide the cost of medical treatment, rehabilitation, and related expenses for victims and the loss of income due to disability from their injuries.
This post will go over what this Fund does and why you must know about it too!
What is the Alberta Motor Vehicle Accident Claims Fund?
The Alberta Motor Vehicle Accident Claims Fund is a fund to help victims of automobile accidents. If the driver who caused the accident does not have valid insurance or flees the scene. It helps ensure that you will get compensation for your medical bills, income loss, and other out-of-pocket expenses related to your injuries. ‘
For every person injured in an accident, the maximum payment is $20,0000. Suppose multiple people were injured in an accident. In that case, they can apply for benefits from this program separately since it’s not based on their financial situation.
What Types of Benefits are Paid by the Fund?
The following payments were made under the motor vehicle accident claims act, Alberta.
Compensation for Healthcare Costs
It covers payments for medical treatment required due to personal injury sustained in an automobile accident. Your family can also apply for compensation if you get the injury and die because of your injuries. If someone with uninsured motorist coverage has hurt you, you will get the compensation too. But you must know the process of a personal injury claim.
Benefits for Income Loss
It includes payment for any past or future loss of income incurred as a result of the accident.
Suppose there was more than one injured in a car accident. If the Fund has already used up fully owing to other claims, those parties could pay the pro-rated sum.
What is the Process for Getting Benefits?
You can follow these steps to receive payments from the Alberta Motor Vehicle Accident Claims Fund:
File a lawsuit & claim with the MVACF. Your application should contain all the information that you may need to prove your claim. You have to notify MVACF within 90 days of the following accident.
You will then receive a notice from the claims administrator and send them any supporting documents they need.
If you are eligible for benefits, the claims administrator/solicitor will file a report with Court Counsel.
If the claims administrator receives payments from the Fund, they will notify you and let you know how much money you received.
After the settlement, it’s essential to let the Fund know if anything changes, such as your address or marital status.
Who Qualifies for a Claim with the MVACF?
Eligibility for the Alberta Motor Vehicle Accident Claims Fund will determine by law. All potential claimants must apply within 90 days of the accident.
The following factors determine if a person will receive payments from the motor vehicle accident claims fund:
- You get injured because of an automobile accident that occurred in Alberta.
- The accident was not your fault, and the at-fault driver either has no valid insurance or leaves the scene.
- You were not a passenger in a motor vehicle that is owned by someone else unless:
- you are under 16 years old
- you have written permission from the owner of the motor vehicle.
- You were not using the motor vehicle driven by someone else who was uninsured or underinsured.
- The person who caused your injuries is legally responsible for those injuries.
You may be able to take legal action against the uninsured driver and still apply for compensation from MVACF if you meet specific criteria:
- The drivers’ vehicle liability insurance policy is canceled
- Their motor vehicle registration has been suspended or revoked.
What Type of Documentation will I Need to File a Claim with the Fund?
Different documents may require depending on the type of claim you have made. In general, claimants should prepare to prove:
- Vehicle accident report form
- You did not cause or contribute to your injuries (no-fault).
What If I Have an Uninsured Motorist Policy?
If you already have uninsured motorist coverage, a court ruling against an uninsured driver may affect your payout.
Assume that the uninsured drivers get convicted and have a non-insured driver’s policy. In this instance, you might withdraw those funds from the compensation.
Be aware that if you use uninsured motorist coverage as a defense against an uninsured driver in court. Then, there may not be enough money available under your uninsured motorist coverage to pay for all of your claims.
What Type of Compensation will I Get?
Funding acquired through this program will grant to the victims on the grounds of how physically and financially the injury has affected them. MVACF would distribute compensation for numerous injuries in the same accident according to the number and the injury of victims affected. The maximum amount is 200,000$ per accident.
What Happens If You Do Not Apply for Benefits?
Assume that within 90 days after an auto accident, you refuse to collect benefits. The right to do so could lose forever in that event. Until 2 years after this point, you can apply at any time.
Suppose you have already made an application for benefits but have not yet received any money due to a “no-fault” claim. Then even if you do not apply again, the right to receive those funds would not be lost.
If the board denies no-fault, there are two ways that you can appeal this decision:
- The Review Board may be able to assist with your case after looking over all of your information and documentation.
- Contacting a lawyer who specializes in uninsured motorist claims.
Final Thoughts on Filing a Claim through this Fund
Motor Vehicle Accident Claims Fund Alberta is a safety net for Albertans who are injured in car accidents. If you got hurt or lost a loved one because of someone else’s negligence, the Fund might be able to help with your medical bills and other losses. You can learn more about how it works by contacting an experienced personal injury lawyer today.
Frequently Asked Questions
Motor vehicle accident claims funds can be different among all states across Canada. So, you must understand the proper process to claim and the law for it. We have assessed some of the most asked queries for you, and in the below section, you get an answer for those queries.
What is Motor Vehicle Accident Claims Fund?
The claims program aims to provide fair compensation to victims of motor vehicle accidents that were not their fault.
How Long Does It Take to Settle a Car Accident Claim in Alberta?
The claim program can take up to two years to settle a no-fault application. During this time, you may be able to receive a lump-sum payment to cover your living expenses.
How Much Can Someone Sue for a Car Accident in Alberta?
In Alberta, you can sue up to $200,000 when someone else is at fault for your accident.
How Can I Claim Road Accident Fund?
To apply, you must fill out the MVACF Claim Form. You can find it on the Fund’s website as well as its offices. The form requires your name, address, birth date, and vehicle accident report form.
What Can I Claim After a Car Accident?
You can claim for losses caused by accident. These losses include:
- Personal injury damages, e.g., medical expenses for treatment
- Loss of income
- General damages, e.g., pain and suffering, loss of enjoyment of life