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ARTICLE · 12 FEBRUARY 2016

Ontario's Insurance Payer Of Last Resort

Most discussions about personal injuries in auto accidents tend to assume that all of the involved drivers are insured, and their identities are known.

CanadaLitigation, Mediation & Arbitration

Most discussions about personal injuries in auto accidents tend to assume that all of the involved drivers are insured, and their identities are known. But what if somebody is driving without insurance, leaving no insurance company to provide compensation? Or, even worse, what if you are a pedestrian injured in a hit-and-run, or struck by a stolen vehicle, and there is no way to identify the driver?

To handle situations like this, Ontario has a little-talked about safety net – the Motor Vehicle Accident Claims Fund (MVACF). This is Ontario's payer of last resort, a government insurance program that steps in when there is no other insurance available.

The MVACF was established in 1962 by the Motor Vehicle Accident Claims Act to help those unable to seek compensation from any other source. It wasn't the first measure the Ontario government had used for this purpose – it was originally a replacement of the Unsatisfied Judgement Fund in the Highway Traffic Act,

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