The Alberta Motor Vehicle Accident Claims (MVAC) Program provides up to $200,000 CAD in compensation if you are injured by an uninsured or unknown (hit-and-run) driver. You must notify the MVAC Program within 90 days of the collision to preserve your rights under Alberta law. Note: This lawsuit-based model only applies to accidents occurring on or before December 31, 2026, after which Alberta’s new Care-First no-fault system takes effect.
Being involved in a serious car accident is stressful enough, but discovering the at-fault driver has no insurance-or has fled the scene-can induce sheer panic. Fortunately for residents of Edmonton and throughout the province, the government offers a crucial safety net. The Motor Vehicle Accident Claims (MVAC) Program is designed to protect innocent victims in these exact scenarios.
Administered by the provincial government, MVAC ensures that you are not left entirely burdened by medical bills and lost wages simply because the negligent driver broke the law. However, please note that Alberta’s tort-based system is undergoing a massive shift. Starting January 1, 2027, the province is implementing a new “Care-First” no-fault auto insurance system under the Automobile Insurance Act (Bill 47). This reform will eliminate most lawsuits for motor vehicle accidents. Consequently, the traditional court-based MVAC recovery process outlined below will only apply to accidents that occur on or before December 31, 2026.
Step-by-Step Process for MVAC Claims in Edmonton
Claiming compensation from a government fund requires precision. Missing a single statutory deadline can result in your claim being entirely dismissed. If you are injured in Edmonton by an uninsured or unknown driver, you should generally follow these steps.
Step 1: Report to the Edmonton Police Service
If you are the victim of a hit-and-run, Alberta law requires you to report the collision to the police immediately. 📍 You must officially notify the Edmonton Police Service within 24 hours of the accident. Obtain the police file number, as the MVAC administrator will demand proof that you made a good faith effort to involve law enforcement to identify the fleeing driver.
Step 2: Send the 90-Day Notice to MVAC
Under Section 4(2)(a) of the Motor Vehicle Accident Claims Act, RSA 2000, c M-22, you are strictly required to provide written notice of your intention to claim against the fund within 90 days of the accident. Your personal injury lawyer will prepare and serve this statutory notice directly to the Minister’s office in Alberta, detailing the date, time, and basic facts of the injury.
Step 3: Exhaust Your Own Insurance (SEF 44 Check)
Before MVAC pays out, you must confirm whether you have alternative coverage. Most Edmonton drivers have an SEF 44 Family Protection Endorsement on their own auto policy. If you have this coverage, your own insurance company will step in to cover your damages up to your policy limit, effectively replacing the need to rely solely on the provincial MVAC fund.
Step 4: File a Statement of Claim
If you rely on MVAC, you must still prove that the other driver was legally at fault and establish the value of your injuries. For accidents occurring on or before December 31, 2026, your law firm will file a Statement of Claim at the Edmonton Court of King’s Bench within the standard two-year limitation period. If the driver is unknown, you will name the “Administrator of the Motor Vehicle Accident Claims Act” as the nominal defendant. For any collisions after this date, the new no-fault system will replace standard court actions.
How Much Does an MVAC Claim Cost in Alberta?
Pursuing an MVAC claim involves specific financial caps and standard litigation costs that victims should be aware of from the outset.
- Statutory Limit: The absolute maximum the MVAC Program will pay out for a single collision is $200,000 CAD, regardless of how many people were injured in your vehicle.
- Legal Fees: You can still hire a personal injury lawyer on a contingency basis (paying 30% to 33% only if you win). However, MVAC has strict rules on how much of your legal costs they will reimburse on top of the settlement.
- Court Fees: The standard $300 CAD filing fee at the Court of King’s Bench remains applicable when initiating your lawsuit.
How Long Does the Process Take?
Because you are dealing directly with a provincial government entity rather than a private insurance adjuster, the bureaucratic process can be slow. ⏱ An MVAC claim in Alberta typically takes between 2 to 4 years to resolve. The timeline heavily depends on how long it takes your physical injuries to stabilize and how quickly the government investigators complete their internal reviews regarding the uninsured driver’s status.
What Does MVAC Cover?
| Type of Damage | Covered by MVAC? |
|---|---|
| Bodily Injury (Pain & Suffering) | Yes. General damages for physical and psychological injuries are fully eligible up to the program limits. |
| Lost Wages & Medical Bills | Yes. Out-of-pocket expenses and lost income caused by the accident can be claimed against the fund. |
| Property Damage (Your Car) | No. MVAC strictly covers personal injury. It will not pay for the repairs to your vehicle or a rental car. |
Frequently Asked Questions (FAQ)
What happens if my damages exceed the $200,000 limit?
If your injuries are catastrophic and worth more than $200,000 CAD, MVAC will not pay beyond that cap. This is why having an SEF 44 Family Protection Endorsement on your own insurance policy is so vital, as it covers the difference up to your personal policy limit (often $1 million or $2 million).
Can pedestrians or cyclists use the MVAC program?
Yes. If you are struck by an uninsured or hit-and-run driver while walking, cycling, or riding a scooter in Edmonton, you are fully entitled to make a claim through the MVAC program, provided you meet the 90-day notice requirement.
What if the hit-and-run driver is eventually found?
If the Edmonton Police Service manages to locate the driver after you have initiated an MVAC claim, your lawyer will simply pivot the lawsuit. You will amend your Statement of Claim to pursue the newly identified driver and their insurance company directly.
Will MVAC fix my smashed vehicle?
No. The Alberta MVAC program is exclusively a bodily injury fund. To repair your vehicle after a hit-and-run, you must rely on the collision coverage portion of your own auto insurance policy, which will likely require you to pay your deductible.
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