A motor vehicle accident with an uninsured driver is one of the worst-case scenarios. If the at-fault driver doesn’t have insurance, it’s not always clear who’s going to pay, or how. This can feel overwhelming since receiving compensation to fund your recovery is an important step in your post-accident journey. So this can be a scary situation when you or a loved one is seriously injured.
Coverage If You’re Injured By An Uninsured Motorist
Fortunately, there are options for Albertans who are injured by an at-fault and underinsured, uninsured, and unidentified motorist (or a driver in a hit-and-run collision) to seek fair compensation.
- Uninsured endorsement coverage, which is a type of coverage through your insurer.
- Alberta’s Motor Vehicle Accident Claims Program (MVAC), which is a last resort for those who do not have access to other insurance coverage.
- Finally, you may pursue a legal action directly against the uninsured driver.
We’ll explore each of these options in more detail below.
Coverage For Injuries Caused By An Uninsured Motorist
Many auto insurance policies in Alberta include a type of coverage called an “uninsured endorsement”. This coverage can offer some protection if you are in an accident with an uninsured driver.
If you seek compensation from your insurer, it will then attempt to recover the amount paid out to you from the uninsured driver.
However, the choice to pursue compensation through your insurer for your injuries should be a strategic one. In fact, this may not even be an option in some situations, such as if you are a pedestrian or cyclist. If you’re injured by an uninsured driver, it’s important to speak with a personal injury lawyer as soon as possible. You will need to develop a strategy for your claim to receive fair compensation.
Alberta’s Motor Vehicle Accident Claims Program (MVAC)
The Motor Vehicle Accident Claims Program (MVAC) provides a way for people who are injured by an uninsured or unidentified driver to pursue compensation. The Motor Vehicle Accident Claims Program began in 1947 through the Motor Vehicle Accident Claims Act. And despite being a relatively old program, the process is complex and the compensation is often limited.
When Should You Pursue MVAC Compensation?
As noted above, MVAC exists so that accident victims can receive compensation when an at-fault party doesn’t have insurance. It can also be used when the driver is unknown (often because they leave the scene of the accident in a hit-and-run).
However, it’s important to note that the Motor Vehicle Accident Claims Program does have limitations, including:
- only covering compensation for bodily injuries; MVAC will not cover property damage, such as damage to your vehicle.
- only covering accidents where the uninsured or unknown driver is at fault.
- in multi-vehicle collisions with several at-fault parties, Alberta law requires you to seek compensation from them first.
- having a maximum payout of $200,000 for all accident victims. If there was more than one person injured in the accident, the $200,000 would be split amongst all the injured people, based on the severity of your injuries.
Overall, MVAC is designed to be a last resort for accident victims. While it’s better than nothing, you’re far more likely to receive complete, fair compensation by thoroughly investigating possible insurance coverage. However, when liable parties don’t have any insurance, MVAC is there to ensure you’re not left without any financial compensation for your injuries.
How to Access MVAC Compensation
Before securing compensation for your accident using MVAC, Alberta requires that accident victims take the followings steps:
- Investigate all possible insurance coverage, including partial coverage.
- Contact your insurance company (or another party) to pay for interim medical expenses. MVAC will only pay for interim medical expenses in unique cases.
- File a lawsuit against the person(s) liable for your accident. We strongly encourage accident victims to seek legal assistance for this step.
- Serve notice to the liable person(s) of your lawsuit.
Legal Action Against the Uninsured Driver
In some cases, your best strategy may be to file a lawsuit against the uninsured driver directly. This is often complicated and in many cases, the uninsured driver may not have any assets or money to pay your claim even if you win the lawsuit.
As a result, hiring a lawyer who is experienced in navigating uninsured driver claims is vital at this point. You need someone who knows what the right course of action is to help you get the compensation you deserve after an accident.
Compensation Claims For Injuries Caused By An Uninsured Driver
As we mentioned above, choosing the right strategy for seeking compensation is crucial if you are injured by an uninsured driver. Legal claims for injuries caused by an at-fault driver are complex enough, without the added considerations that come into play around uninsured motorist coverage.
Here are some tips for managing your claim for compensation if you’re injured by an uninsured driver:
Hire A Personal Injury Lawyer
You should engage the services of an experienced personal injury lawyer when dealing with uninsured drivers. A skilled car accident lawyer can explore all available options, and guide you through the legal process, while advocating for your rights.
Act Quickly
Time is of the essence in personal injury cases, particularly when dealing with uninsured drivers. Promptly reporting the accident, seeking medical attention, and consulting with an experienced lawyer can help preserve crucial evidence, strengthen your case, and help you receive fair compensation.
Develop A Strong Strategy For Your Claim
Dealing with personal injury actions against uninsured drivers in Alberta requires a nuanced understanding of the legal options. While challenges exist, Alberta’s laws offer some protection if you are injured by an uninsured driver.
Hire a Personal Injury Lawyer for Your Uninsured Accident Claim
Hiring an experienced personal injury attorney is key to securing the compensation you deserve as you navigate your unfortunate and often frustrating situation and injuries.
Our team has helped thousands of Albertans seek fair compensation for their injuries. You can start your road to recovery with a free consultation with an experienced lawyer who will fight for you.
