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How & When to apply for Accident Benefits from the Fund

 
MVACF will only consider payment of claims under the Statutory Accident Benefits Schedule (SABS) if there is no recourse to auto insurance. MVACF is last on the priority list, specified under Section 268 (2) of the Insurance Act:
 
Priority of Payments:
 
  1. Recovery from your own automobile insurer – (you are a named insured);
  2. Recovery from the insurer of the automobile in which you were an occupant;
  3. Recovery from the insurer of any automobile involved in the accident;
  4. If no other recovery is possible MVACF may consider payment as mandated by Section 6 of the Motor Vehicle Accident Claims Act 
 
Example Accident Benefit Scenarios:
 
 
Situation/Circumstance
Where to Send the Application
Claimant was driving his own insured vehicle
 
 
Claimant was driving a spouse's or parent's vehicle
 
Claimant was driving a company or work vehicle
 
The insurance company that insures the claimant
 
The insurance company that insures the claimant's spouse or claimant's parents
 
The insurance company that insures the company vehicle
Claimant was a passenger in someone else's vehicle when injured
 
The insurance company that insures the vehicle in which the claimant was a passenger
Claimant was a passenger in an uninsured vehicle and there was more than one vehicle involved in the accident.
 
The insurance company of an insured vehicle involved in the accident
Claimant was a pedestrian or cyclist.
The insurance company of the vehicle that hit you.
None of the above.
The Motor Vehicle Accident Claims Fund (MVACF); see below for more details.
 
 
Making an Accident Benefits Claim with the MVACF 
 
The documents must be reviewed and the claim will be investigated to determine if there is recourse to an insurer.  It must be ascertained that all applicable information is on file. A completed accident benefits application package consists of the following:
 
Accident Benefits
 
  1. Statutory Accident Benefits application (OCF-1) completed and signed
  2. Consent and Notification form signed
  3. Form 3
  4. Police report
  5. Letter confirming claimant is not a named insured under any policy as a spouse or dependent
  6. If appropriate, a letter from the insurance company indicating the policy was not in force at the time of the accident should be included to create a claim
 
 
 
Death and Funeral Benefits
 
  1. Statutory Accident Benefits application (OCF-1) completed and signed
  2. Application for Death and Funeral Benefits (OCF-4)
  3. Coroner’s Report and/or Death Certificate
  4. Invoice/Receipt from the Funeral Home
  5. Notice of Collection of Personal Information
  6. Copy of the Police Report (Under the Highway Traffic Act Section 199(1), accident resulting in personal injury are required to be reported to the police).
  7. Letter confirming that the deceased was not a named insured under an insurance policy as a spouse or as a dependent relative.
 
A SAB's application is deemed incomplete if any of the above documentation is missing.
 
Make sure you:
 
  • on hand written forms print clearly, using blue or black ink;
  • review all forms to ensure they are complete and no required sections have not been completed before submission and that you have not missed any sections before submitting them;
  • sign and date all documents; and
  • ask your employer, health practitioner, legal representative, or anyone else submitting information on your behalf to fill out their forms in full and return them as quickly as possible.

Once MVACF has received and reviewed your Accident Benefits Application Package, a representitive from MVACF will inform you in writing if you are eligible to receive accident benefits.

 
MVACF does not pay Accident Benefits under the following circumstances:
 
  1. Accidents outside of Ontario
  2. Persons who do not reside in Ontario

     

 

Claims Adjudication and Settlement Unit
Motor Vehicle Accident Claims Fund
Financial Services Commission of Ontario
5160 Yonge Street
P.O. Box 85
Toronto, ON M2N 6L9
Phone: (416) 250-1422 or
Toll Free: 1-800-268-7188
Fax: (416) 590-7076

 

 


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