Written by: Gabriel Lessard, Lawyer
A person injured in a motor vehicle collision in Ontario can submit a claim for accident benefits, Ontario’s system of no-fault insurance, and, if the collision is someone else’s fault, can sue the other driver for negligence (a tort claim). In both circumstances, the injured victim will primarily be dealing with insurance companies who are obligated to respond to the claims on behalf of their policyholders.
Sometimes it can be confusing to know whose insurance company is responsible for responding to an injured person’s accident benefits claim or tort claim. In Ontario, all licensed vehicles require insurance, so the majority of car accident victims will have some source of insurance either from their own insurance company or the other driver’s.
Typically, an injured victim will turn to their own car insurance policy for accident benefits (if they have one) and pursue the at-fault driver’s insurance for their tort claim. However, many potential factors can impact which insurance company will respond.
Certain circumstances arise where there is no insurance company to respond to a claim. A common example is a pedestrian or cyclist who is involved in a hit and run or struck by an uninsured vehicle.
In a situation where there is no insurance company to respond to an accident benefits claim or a tort claim, injured parties can turn to the Motor Vehicle Accident Claims Fund (MVACF). The MVACF was set up by the Ontario Government, as a safety net for victims in need of treatment and compensations for their injuries. The MVACF is considered the payor of last resort, which means that the individual must have exhausted all other potential sources of insurance before the MVACF will consider responding to their claims.
When must the MVACF respond in an Accident Benefits Claim
Section 268 (2) of Ontario’s Insurance Act (R.S.O. 1990, c. I.8) outlines the priority list of insurance companies who must respond to an accident benefits claim before the MVAC. A summary of the priority list for accident benefits claims is:
- The insurance company that insures the victim;
- The insurance company of the vehicle that the victim was in or was struck by;
- Any other vehicle involved in the incident; or
- The MVACF
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