In these scenarios, car accident lawyers and their clients must turn to the Government of Ontario's Motor Vehicle Accident Claims Fund (MVACF), which the Financial Services Commission of Ontario (FSCO) describes as the «payer of last resort» because it «provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim.&raqu
In these scenarios, car
accident lawyers and their clients must turn to the Government of Ontario's
Motor Vehicle Accident Claims
Fund (MVACF), which the Financial Services Commission of Ontario (FSCO) describes as the «payer of last resort» because it «provides compensation to people injured
in automobile accidents when no automobile insurance exists to respond to the claim.&raqu
in automobile
accidents when no automobile insurance exists to respond to the claim.»
-- On August 14, 1993, Ms. Janousek, a pedestrian, was struck by an uninsured
vehicle driven by Shawn Montreul — After hitting Ms. Janousek, the vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied vehicles in the parking lot — These vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three vehicles came into contact with Ms. Janousek or the uninsured vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle driven by Shawn Montreul — After hitting Ms. Janousek, the
vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied vehicles in the parking lot — These vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three vehicles came into contact with Ms. Janousek or the uninsured vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied
vehicles in the parking lot — These
vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three
vehicles came into contact with Ms. Janousek or the uninsured
vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of
accident benefits she submitted a claim for benefits with the
Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c
Vehicle Accident Claims
Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the
Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for
accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c. I. 8.