All vehicles in Canada are legally required to have a certain amount of third-party liability insurance to be on the road. In Alberta the minimum amount of liability insurance is $200,000.00.
Unfortunately, some drivers choose to ignore this rule and drive without insurance, putting other motorists at risk. If you are involved in an accident with an uninsured driver, you may have questions about what coverage is available to you and what your rights are.
Motor Vehicle Accident Claims Fund
If you are injured in an accident caused by an uninsured driver, you can access coverage through the insurer of the vehicle you were in through Section B benefits for treatment of your injuries. You may also be able to claim up to $200,000 from the Alberta Motor Vehicle Accident Claims fund (MVAC) for losses caused by your injuries. This $200,000 limit is for all injuries resulting from the accident, so if there is more than one injured party the limit is apportioned amongst the parties.
Making a claim with MVAC can be a complicated process that requires suing the driver and owner of the uninsured vehicle if known, and the Administrator of the Motor Vehicle Claims Act if the driver and owner of the vehicle are unknown. The assistance of a lawyer is recommended for this process. If you have questions and would like specific advice based on the facts of your accident, contact the personal injury lawyers at Brar Law by calling (403) 770- 9242 or by email at info@brarlawfirm.com for a free no obligation consultation.
S.E.F. No. 44 Coverage
In addition to the coverage that is available through Section B insurance and the Motor Vehicle Accident Claims Fund, if your claim is above the $200,000 maximum of the MVAC you may be able to recover from your own insurer. You can make a claim if your insurance coverage includes an S.E.F. No. 44 endorsement, and your liability coverage is greater than $200,000.00. This endorsement provides coverage against inadequately insured motorists, meaning if your claim exceeds the $200,000 insurance limit of MVAC, you can make a claim for the remaining amount up to the maximum of your insurance liability coverage from your insurer.
The process for making a claim against your own insurer under the S.E.F. 44 endorsement is complicated and involves court action. The experienced lawyers at Brar Law can assist you with assessing your damages and providing advice about your claims with the Alberta Motor Vehicle Claims Fund, as well as with your own insurer for Section B benefits and an S.E.F.44 claim, if applicable.
If you have been injured in an accident involving an uninsured driver and have questions and need assistance with how to proceed, contact one of the experienced personal injury lawyers at Brar Law to schedule a free consultation. We are happy to explain the options for recovery specific to your circumstances, and provide legal advice and guidance. Contact us by email at info@brarlawfirm.com or by calling 403-770-9242 to book your free no obligation consultation.
