The other driver didn’t have insurance, can I still make a claim?

driver insurance

If you’ve been injured in a Motor Vehicle Accident (MVA), it’s important to follow a post-accident to-do list to make sure you get the compensation you deserve! After you’ve taken care of your own health and spoken to your own insurance company, you’re probably seeking information from the other party involved. But if the other driver doesn’t have insurance, you may be confused about what to do next. Here’s what to know. 

If someone doesn’t have insurance for any reason—for example, if they are breaking the law, or it’s a hit-and-run with an unidentified driver— your Personal Injury lawyer will look to the Motor Vehicle Accident Claims Program to provide compensation up to a max of $200,000. If there is more than one injured person involved, the payment will be a pro-rated split between all of you (assuming everyone’s damages exceed the available $200,000). However, if everyone’s damages are less than $200,000, then there is no pro-rating.   

Keep in mind that payments from MVAC are a last resort for victims. So if there is any possible payment through the other driver’s insurance– even a partial one– you may not be eligible to receive a settlement through MVAC. 

Claims are only eligible if: 

  • you suffered bodily injuries from a MVA (property damage doesn’t count) 
  • you’re a resident of Alberta* 
  • the accident happened in Alberta 
  • the accident was the fault of an uninsured or unknown driver 

*If you’re not a resident of Alberta, you can still claim through MVAC if your jurisdiction has a comparable program. This program could also be used by Alberta residents if their MVA occurred outside of Alberta.

An experienced Personal Injury lawyer can help you determine whether your situation falls under the umbrella of eligibility. 

To file a claim, you must: 

  • seek out all possible insurance coverage (including partial coverage) 
  • file a lawsuit against the person or entity responsible for the accident and your injuries (a Personal Injury lawyer will be able to help)
  • serve a notice of your lawsuit on the liable person or people (if you don’t know who the at-fault driver is, you must file a lawsuit against “The Administrator of the Motor Vehicle Accident Claims Act.”) 

It’s also important to note that MVAC has its own notice requirements. For hit-and-run accidents, you must notify MVAC about your potential claim within 90 days of the accident. Failing to notify MVAC can result in your claim being denied… but even if you’ve missed the 90-day deadline, you should contact a Personal Injury lawyer ASAP. In some cases, you may still be able to make a claim— and it’s worth it to check, as there is no cost or obligation attached to your initial consultation at Litco Law. Plus, if you do work with us, we don’t get paid until you do! So if you’ve been in a Motor Vehicle Accident anywhere in Alberta, Litco Law can help. Phone us, email us, or send us a message in the chat. Bottom line: you can count on this legal team to be in your corner, because we care.  

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