August 27, 2020
1. If you have been injured in an accident caused by a “hit and run” or uninsured driver, you may still make an injury claim. That claim may be brought against the Uninsured Motorist Fund ("Fund"), which is run by the Administrator of the Motor Vehicle Accident Claims Act ("MVACA"), a division of the Alberta government.
2. The Fund has a limit on payouts of $200,000 per accident, regardless of the number of people injured.
3. Section 7(2) of the MVACA requires that, in order to recover from the Fund, one must provide written notification of the accident to the Administrator within 90 days of the accident occurring.
4. In the case of a “hit and run” accident, recovery may be denied unless “all reasonable efforts have been made by the parties to ascertain the identity of the unknown owner and operator” (s. 7(5) MVACA).
5. In the case of an uninsured driver, you must issue a Statement of Claim against that driver, naming them as a Defendant. You must then serve the claim upon that Defendant and, if he/she does not file a timely Statement of Defence to the Claim, you may note him/her in default. You must then notify the Administrator that you have done so and wait 30 days for further direction from the Administrator (s. 4, MVACA).
For further information, you may consult the Administrator’s website: https://www.alberta.ca/injured-by-an-uninsured-or-unknown-driver.aspx.
Maureen McCartney-Cameron is counsel at JSS Barristers. Click here for her bio.
Please note that JSS Barristers insights are provided for informational purposes only. They are not intended as legal advice or a legal opinion. Please contact authors or JSS Barristers if you would like to obtain legal advice on this or other legal issues.