When Personal Injury Lawyer in Waterloo are talking about the Motor Vehicle Accident Claim Fund, they are usually talking about a situation in which a motor vehicle collision occurred and nobody involved has coverage through automobile insurance.
Why would anyone be uninsured?
While it is, of course, recommended to have automobile insurance, there are people who aren’t in a position to have this type of insurance. For instance, a person suffering from seizures or another medical condition that forbids them from operating a vehicle, and thus from getting a driver’s license. Or maybe somebody prefers to use public transportation as means of minimizing their carbon foot print. You might have your own reasons, but it is important to be safe.
Regardless of why somebody is forced to, or chooses to, remain without automobile insurance, they still deserve compensation in the event that they are victim of a hit-and-run crime, or in the event that they are hit by a driver who is also uninsured. And that is where the Motor Vehicle Accident Claims Fund comes into play. However, trying to file claims on your own is a difficult task and you do need the assistance of a lawyer at every step to help you.
The Basics of The Motor Vehicle Accident Claims Fund
First and foremost, it is important to understand that the Motor Vehicle Accident Claims Fund is nothing more than a last resort, and will only be used if no other source of auto insurance is anywhere to be found. Additionally, the Motor Vehicle Claims Fund will also provide very limited benefits in the form of statutory accident benefits, which would otherwise be available through any and all automobile insurance policies, and liability insurance. However, the latter comes with a cap at $200,000. This means sufficient coverage can only be provided for smaller cases, whereas more severe cases will be met with a settlement that will still leave the claimant with financial struggles.
If the motorist who was involved in the accident has not been identified, then the case, should it end up on trial, can only be tried by a lone judge. A jury shall not become involved. If the motorist is identified, however, and has been found to be uninsured, then the Motor Vehicle Accident Claims Fund is free to demand their money back from that motorist. Should the motorist be unable to pay the sum back right away, then their license will be suspended until the payment has been completed. The Motor Vehicle Accident Claims Fund will only become involved and pay compensation to the plaintiff, if each possible defendant has already been sued beforehand.