Claims
- What do I do with the legal documents which the Motor Vehicle Accident Claims Fund has forwarded to me and which appear to deal with a motor vehicle accident?
- What if I disagree with the claim being made against me as the uninsured motorist?
- My property (i.e. bicycle, wheelchair) was damaged by an uninsured driver. Can I make a claim with the Fund?
- Can I collect accident benefits from the Fund?
- How long does it take to get my first cheque?
Frequently Asked Questions From Solicitors, Municipalities, Public Utilities, etc., Regarding Claims
- When do I name the Superintendent of Insurance as defendant?
- How do I proceed against the Fund?
- Can my client collect accident benefits from the Fund?
- I cannot locate the uninsured motorist. Can I serve the Fund?
- My client is from out of Province. Can he/she make a claim with the Fund?
- Why does the Fund require my taxed solicitor & client account?
Collections
- Why am I indebted to the Motor Vehicle Accident Claims Fund?
- Why was my driver's licence suspended?
- If I was not both the owner and driver of the vehicle, am I responsible for the entire debt?
- How do I get my driver's licence reinstated?
- Why must I file an Ontario Certificate of Insurance with the Fund?
- What will my monthly repayment amount be?
- After I have arranged to repay, when will my licence be reinstated?
- Do I have to pay a fee to the Ministry of Transportation to have my licence reinstated?
- How will I know when my repayments are due and where I should mail them?
- Are there any other options available to me if I cannot repay the Fund?
- What if I refuse to pay?
- What happens if I declare bankruptcy?
- Does the Fund charge interest on outstanding debts?
- I am a lawyer who has conducted a name search on my client and I have come up with a Writ of Seizure and Sale against a similar name. How do I convey this information to the Fund for verification of identity?
More Information
Claims
Question: What do I do with the legal documents which the Motor Vehicle Accident Claims Fund has forwarded to me and which appear to deal with a motor vehicle accident?
Answer: You must contact your lawyer or the solicitor for the plaintiff (the person making the claim against you).
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Q: What if I disagree with the claim being made against me as the uninsured motorist?
A: You must file a written dispute with the Fund or with the appropriate Court. You may also wish to consult your own lawyer.
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Q: My property (i.e. bicycle, wheelchair) was damaged by an uninsured driver. Can I make a claim with the Fund?
A: Yes, under certain circumstances. You should know, however, that the Fund requires specific information about the damage, its location and insurance details on your property before it can consider your claim.
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Q: Can I collect accident benefits from the Fund?
A: Only when no other source of automobile insurance recovery is available. If you have contravened the Compulsory Automobile Insurance Act then your benefits may be restricted.
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Q: How long does it take to get my first cheque?
A: If we have received all of the required information, you can expect to receive your first cheque within 14 days of processing your claim for accident benefits.
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Frequently Asked Questions From Solicitors, Municipalities, Public Utilities, etc., Regarding Claims
Q: When do I name the Superintendent of Insurance as defendant?
A: The Superintendent of Financial Services (formerly the Superintendent of Insurance) is named only when the accident was caused by an unidentified driver.
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Q: How do I proceed against the Fund?
A: You do not proceed against the Fund - your claim is against the uninsured motorist(s) or, if the motorist(s) identity is unknown, against the Superintendent of Financial Services. The Fund steps into the shoes of the uninsured motorist if the uninsured motorist is noted in default. Do not name the Fund as a defendant to your claim. However, if the claim is for statutory Accident Benefits, the proper party is Her Majesty the Queen.
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Q: Can my client collect accident benefits from the Fund?
A: Only when no other source of automobile insurance recovery is available, but the benefits may be restricted if the Compulsory Automobile Insurance Act was contravened.
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Q: I cannot locate the uninsured motorist. Can I serve the Fund?
A: You can serve the Fund on behalf of an uninsured driver/owner if the Ministry of Transportation has a record of the individual to be served and if the action commenced is not for subrogation by an insurer.
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Q: My client is from out of Province. Can he/she make a claim with the Fund?
A: The Fund operates on reciprocity. A claim can only be made if your client resides in a jurisdiction in which a similar Fund is in operation. Recovery by your client will be based on what recovery or compensation would be available to an Ontario resident from the similar Fund in the jurisdiction in which your client resides had the Ontario resident been involved in an accident that occurred there. Again, no insurance policy can be available to respond to the claim.
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Q: Why does the Fund require my taxed solicitor & client account?
A: This information is required by the Fund in accordance with Section 27 of the Motor Vehicle Accident Claims Act which states that no money will be paid out of the Fund with respect to a judgment until a copy of the taxed solicitor & client account has been submitted.
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Collections
Q: Why am I indebted to the Motor Vehicle Accident Claims Fund?
A: You were the owner and\or driver of an uninsured vehicle involved in an accident, in which someone was hurt, or property was damaged. Because you were uninsured, the party suffering the loss in the accident requested that the Fund pay for their damages on your behalf. You must now repay this amount to the Fund.
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Q: Why was my driver's licence suspended?
A: The Fund paid for property damages or personal injuries caused by the uninsured vehicle of which you were either the owner or the driver.
The Motor Vehicle Accident Claims Act requires that a suspension be recorded with the Ministry of Transportation against the owner and driver of the uninsured vehicle when a payment is made from the Fund on their behalf, until the amount is repaid in full, or a satisfactory repayment schedule is established.
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Q: If I was not both the owner and driver of the vehicle, am I responsible for the entire debt?
A: Both the owner and driver are responsible for paying the full amount of the debt.
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Q: How do I get my driver's licence reinstated?
A: Repay the full amount of your debt, or establish an acceptable repayment schedule by completing the Fund's Repayment Application form and provide proof of your income and expenses. If you are the owner of a motor vehicle, you must have your insurance company forward an Ontario Certificate of Insurance to the Fund.
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Q: Why must I file an Ontario Certificate of Insurance with the Fund?
A: When a balance is owing, the Motor Vehicle Accident Claims Act requires that the Fund obtain the certificate of insurance before reinstating a suspended driver's licence. This confirms that you are fully insured and protects the Fund from further liability should you become involved in another automobile accident.
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Q: What will my monthly repayment amount be?
A: Monthly repayments are established by law, and are to be at least 10% of your gross monthly income. A Collections Officer from the Fund will establish the exact amount in consultation with you.
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Q: After I have arranged to repay, when will my licence be reinstated?
A: The Ministry of Transportation will advise you of your reinstatement two to six weeks after they receive the Fund's request for licence reinstatement.
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Q: Do I have to pay a fee to the Ministry of Transportation to have my licence reinstated?
A: Currently the Ministry of Transportation charges a fee of $150.00 for each reinstatement processed.
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Q: How will I know when my repayments are due and where I should mail them?
A: Your first repayment must be made to the Fund before your driver's licence can be reinstated. A further repayment is due within one month. You will receive a statement and a return envelope fifteen days before each subsequent repayment is due, similar to credit card or utility bills.
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Q: Are there any other options available to me if I cannot repay the Fund?
A: In certain cases the Fund accepts settlements of less than the full amount owing if the debtor can show that paying the entire debt would cause undue hardship or if the settlement is otherwise satisfactory.
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A: The Fund will suspend your driver's licence, and if it has paid a judgement on your behalf, a Writ of Seizure and Sale will be filed against you. If you are the owner of property, the Fund can seize and sell the property to pay off your debt. If you are employed, the Fund can garnishee your wages.
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Q: What happens if I declare bankruptcy?
A: The bankruptcy process renders any judgment null and void, limiting the Fund's legal sanctions. However, the Fund's authority to suspend your driver's licence for non-payment is unaffected by the bankruptcy. The Fund can still maintain the suspension of your driver's licence until you establish and adhere to an acceptable repayment schedule.
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Q: Does the Fund charge interest on outstanding debts?
A: Currently the Fund does not charge interest. However, in the future there may be interest or late payment charges, and a fee for returned cheques for "insufficient funds," "stopped payments," or "closed accounts."
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Q: I am a lawyer who has conducted a name search on my client and I have come up with a Writ of Seizure and Sale against a similar name. How do I convey this information to the Fund for verification of identity?
A: Send the Fund a letter stating your client's full name, date of birth, social insurance number, and a copy of the execution notice. We will let you know if the Writ of Seizure and Sale is against your client.
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More Information
The Fund will be pleased to provide you with further information. Some enquiries however may involve processing through the Freedom Of Information Office. For more information please contact:
Financial Services Commission of Ontario
Motor Vehicle Accident Claims Fund
5160 Yonge Street,
16th Floor,
P.O. Box 85
Toronto, Ontario M2N 6L9
Tel: (416) 250-1422 or 1-800-268-7188
Financial Services Commission of Ontario