When You Have No Insurance
If you are involved in an motor vehicle accident involving injury or property damage, you are required to report it to your insurance company within seven days, no matter who was at fault. As outlined by the Financial Services Commission of Ontario, your insurance agent will ask you to supply information about the accident, including:
- The name of the registered owner of the car and auto insurance policy number.
- The make, model, year, registration and licence plate number of the vehicle.
- Details about the accident:
- the driver's name and driver's licence number (if different from the registered owner)
- the date, time and location of the accident
- details of any injuries
- passengers involved, if any
- the extent of damage to the vehicle
- a concise and accurate description of the accident
- the names of the insurance companies and their auto insurance policy numbers of the other driver
- the licence plate and vehicle identification numbers (VIN) of the other vehicles
- the name and badge number of the investigating police officer
By law, all vehicles on the road in Ontario must be insured, and Statutory Accident Benefits Coverages are provided by law under every auto insurance policy in the province. This SAB coverage is standard, and provides compensation if you, your passengers, or any pedestrians suffer injury or death in a motor vehicle accident.
The statutory accident benefits available in Ontario are:
- Income Replacement Benefit. Partial compensation for lost wages if you are unable to work due to your injuries.
- Non-Earner Benefit. Limited compensation for activities you may be unable to perform due to injury.
- Caregiver Benefit. If you have been a primary caregiver for family members, this benefit will reimburse you for expenses you incur due to inability to continue in this role.
- Medical and Rehabilitation Benefit. Reimburses for reasonable medical and rehab expenses not covered by your existing health plans.
- Attendant Care Benefit. Pays for someone to help you with personal care activities if your injuries make this necessary.
- Other Expenses Benefit. Covers various other costs such as lost education expenses.
- Death and Funeral Payments Benefit. If you are making a claim for a family member who died as a result of an accident, you may receive a lump-sum payment as well as funeral expenses.
What Happens If I Don’t Have Insurance?
If you are injured in a motor vehicle accident but are uninsured, you may still be able to claim for compensation, depending on the circumstances of the incident. If you don’t own or lease a vehicle, and are injured while driving a company car, for example, you can make a claim on your workplace’s insurance company. If you were a passenger in a car, you can make a claim on the car owner’s insurance company. If you were a passenger in an uninsured vehicle, and a second vehicle was involved, you may be able to make a claim on the insurance of the owner of the other vehicle. If you were a pedestrian or a cyclist, you can make a claim on the insurance of the owner of the car that hit you.
Occasionally, although thankfully not often, an accident occurs where there is no insured party available to respond to the injury victim. If you are injured in these circumstances, you may be eligible for compensation for your injuries from the Motor Vehicle Accident Claims Fund (MVACF). This organization, regarded as the “payer of last resort” can provide benefits like income replacement, medical rehabilitation, and attendant care benefits.
However, be warned: the MVACF protects innocent parties injured in auto accidents, but it holds drivers who are at fault accountable. The MVACF takes legal action against at-fault uninsured drivers in order to fund payments to accident victims.
MVACF: Who Is Eligible to Apply?
You can apply for compensation from the Motor Vehicle Accident Claims Fund if you are a resident of Ontario, were involved in a collision in Ontario where no one had auto insurance, and were injured (or have property damage worth over $100).
Some examples of circumstances of when a person without access to insurance may be compensated by the MVACF include:
- If you were walking or cycling, were hit by a vehicle, and the driver of the vehicle involved was not insured.
- If you were a passenger in a vehicle that collided with another vehicle and neither driver was insured.
- If you were injured in a hit-and-run accident and the other vehicle can’t be identified, or if you were injured by a stolen vehicle.
If you are seeking compensation for a family member who was killed under circumstances such as the above, you can also apply to MVACF.
If you find yourself in a situation such as this, applying for compensation can be complex. Consult with a personal injury lawyer as soon as possible to find out more about the legal ramifications of your situation.