If you are injured by an uninsured or hit-and-run driver in Calgary, you can apply for compensation through the Motor Vehicle Accident Claims Program (MVAC). MVAC protects Alberta residents by providing up to $200,000 CAD per collision for bodily injuries.
Protecting Yourself Against Uninsured Drivers
Being involved in a traffic collision is traumatizing, but discovering the at-fault driver has no insurance can cause outright panic. Unfortunately, despite strict laws, uninsured drivers and hit-and-run incidents remain a reality on Calgary streets. The good news is that Alberta law provides a dedicated safety net for victims.
The Motor Vehicle Accident Claims Program (MVAC) is a provincial fund designed specifically to compensate innocent victims injured by uninsured or unknown drivers. 💰 While the process mimics a standard lawsuit, dealing with a government program involves strict notice periods and unique legal hurdles.
Step-by-Step Process for MVAC Claims in Alberta
Filing a claim through MVAC requires diligent record-keeping and rapid action. Because the government is paying out public funds, they strictly enforce notice deadlines. Failing to follow these steps can result in an outright denial of your compensation.
Step 1: Report to the Calgary Police Service Immediately
If the driver flees the scene or admits to having no insurance, you must report the collision to the police within 24 hours. 👮♂️ Securing an official police report is a mandatory requirement for proving to MVAC that an unknown or uninsured vehicle was responsible for your injuries.
Step 2: Utilize Your Section B Accident Benefits
Before MVAC pays anything, you must first exhaust your own insurance benefits. Under standard Alberta automobile policies, your “Section B” benefits will cover immediate medical treatments, physiotherapy, and a portion of lost wages, regardless of who was at fault or if the other driver was insured.
Step 3: Notify the MVAC Administrator
You must formally notify the MVAC program of your intent to claim compensation. ✉️ Alberta law strictly requires that you provide written notice to the Administrator within 90 days of the collision. Missing this 90-day window can severely complicate your ability to recover damages.
Step 4: File a Statement of Claim
To finalize the process, your law firm will file a standard lawsuit at the Court of King’s Bench. You must name the uninsured driver as a defendant. If it was a hit-and-run and the driver is unknown, your lawyer will name the “Administrator of the Motor Vehicle Accident Claims Act” as the nominal defendant.
How Much Does it Cost in Calgary?
Pursuing an MVAC claim involves similar costs to a standard personal injury lawsuit:
- Government Fees: The MVAC program itself does not charge an application fee, but you must still pay the standard $250 CAD court filing fee in Alberta to initiate your lawsuit.
- Lawyer Fees: Most Calgary personal injury lawyers handle MVAC claims on a contingency basis, taking 30% to 33% only when MVAC issues your settlement cheque.
- SEF 44 Coverage: If your damages exceed the MVAC maximum limit, your lawyer may also claim against your own Family Protection Endorsement (SEF 44) at no extra upfront cost to you.
How Long Does the Process Take?
Timeframes in MVAC claims are incredibly rigid. ⌛ You only have 90 days to provide initial notice, and exactly 2 years to file the official Statement of Claim. Because MVAC claims involve government bureaucracy and investigations into the uninsured driver, settlements often take 2 to 4 years to finalize.
| Coverage Limit | Maximum of $200,000 CAD per accident for all victims combined. |
| Property Damage | Not covered by MVAC. You must use your own collision insurance. |
| Notice Deadline | Must notify the Administrator within 90 days of the crash. |
| Eligible Victims | Alberta residents injured in Alberta by uninsured/unknown drivers. |
Frequently Asked Questions (FAQ)
Will MVAC pay for the damage to my vehicle?
No. By law, the MVAC program only covers bodily injury damages (such as pain and suffering, medical costs, and lost wages). To repair your damaged vehicle, you must rely on the collision coverage of your own auto insurance policy.
What if my injuries are worth more than $200,000?
If your damages exceed the $200,000 CAD statutory maximum provided by MVAC, you may be entitled to claim the remaining balance through your own insurance policy, provided you have the Family Protection Endorsement (SEF 44) activated.
Can I claim through MVAC if I am a pedestrian or cyclist?
Yes. The MVAC program is designed to protect any Alberta resident injured by an uninsured or hit-and-run motor vehicle, including pedestrians, cyclists, and passengers.
What happens to the uninsured driver?
If the uninsured driver is identified, MVAC will pay your settlement but then take legal action against the at-fault driver to recover the public funds. The uninsured driver’s licence will remain suspended until they repay the debt to the government.
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