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Suing an Uninsured or Unidentified Motorist
 
Overview
The Minister may only make payments out of the Motor Vehicle Accident Claims Fund ("Fund") for judgments against uninsured or unidentified motorists as specifically provided for in the Motor Vehicle Accident Claims Act (the "Act"). The responsibility to obtain a judgment rests with the claimant and his/her lawyer.

Recovery from the Fund is limited to accidents which occur in Ontario and only when recovery is unavailable from an insurance company.

Your lawyer will be required to contact the Fund in accordance with the Act and the Rules of Civil Procedure.

 
Various Coverage
Depending on when your accident occurred, various converges and deductibles are applicable to what can be claimed.
1. For accidents on or after November 1, 1996, you may sue for general and special damages, as well as Family Law Act ('FLA') claims. All claims are subject to a statutory deductible.
2. For accidents between January 1, 1994 and October 31, 1996, you may sue for general damages only, as well as FLA claims. All claims are subject to a statutory deductible.
3. For accidents between June 22, 1990 and December 31, 1993, you may sue for general and special damages, as well as FLA claims. All claims are subject to a deductible of all Accident Benefits paid.
4. For accidents before June 22, 1990, you may sue for general and special damages, as well as FLA claims. No deductible applicable.

The Fund third party liability limit is $200,000.00 (inclusive of interest), per occurrence, plus party and party legal costs. This amount is reduced by the amount paid for property damage claims (if any).

Application for Payment Out of the Motor Vehicle Accident
Claims Fund of Judgment Against an Uninsured Motorist

To obtain payment of a Judgment against an uninsured motorist, an Application for Payment under Section 7 of the Act is required.

This application is a sworn document and should be completed and returned to the Fund only when a claimant, with no access to automobile insurance, has obtained a Judgment against an uninsured driver/owner in compliance with the Act.

The Application must include the following:
1. The original Judgment (or a certified copy)
2. A certificate of taxed party and party costs (if not fixed in the Judgment)
3. A copy of the assessed Solicitor and Client Account (in accordance with s.27 of the Act)
The Fund is not liable to pay the Judgment unless it was first given notice of the uninsured motorist's failure to defend the Court action, before the Judgment is obtained.
 
Application for Payment of a Judgment Against the Superintendent
Judgments against the Superintendent do not require an application, but do require the following:
1. The original Judgment (or a certified copy)
2. A certificate of taxed party and party costs (if not fixed in the Judgment)
3. A copy of the assessed Solicitor and Client Account (in accordance with s.27 of the Act)
The Fund is not liable to pay the Judgment unless the Statement of Claim has previously be served on the Superintendent and the Fund provided with an opportunity to defend the action.
For more information please contact:
Claims Coordinator
Financial Services Commission of Ontario
Motor Vehicle Accident Claims Fund
5160 Yonge Street, PO Box 85
Toronto, ON M2N 6L9
Tel: (416) 590-7029 or 1-800-268-7188
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