How to Receive the Rightful Compensation From A Car Accident
If you have been recently involved in a car accident, you may have reasonable questions. When the at-fault driver departs the scene, the painful event worsens. How can you get compensation if you don't know the driver's identity who hit you? Is it possible to get compensation for your injuries in a hit-and-run accident? Where can you find the best car accident lawyers in Medicine Hat?
The MVAC Program
Thankfully, the government created the Motor Vehicle Accident Claims Program (MVAC) to deal with this situation. You might be eligible for compensation if you were injured in a hit-and-run accident through the program. However, several basic standards must be completed before compensation can be considered.
To begin, you must file a lawsuit against MVAC's Administrator, and your claim must be filed promptly. You may be denied compensation if you do not file written notice of your claim to the MVAC Administrator within 90 days of the incident. The Administrator may waive this requirement, or a court may extend the deadline.
Nonetheless, you must file your claim within two years following the accident. If you file a case after this time, the statute of limitations will apply, and you will be unable to seek compensation from MVAC.
The second criterion is that the unknown motorist must be the only cause of the accident. You would be unable to file a claim against MVAC if an insured driver also caused your injuries. Instead, you'd have to file a claim against the known, insured driver.
Third, you must show that you took every reasonable effort to determine the identity of the at-fault motorist. The court may refuse you compensation if it is discovered that part of the reason the driver is unknown is due to your failure to take action. Ensure to photograph the situation and write down as much information as possible about the collision to give to the cops.
Finally, your place of residence and the accident scene must be in Alberta. You will not be able to claim compensation from MVAC if you live outside of Alberta or if the accident occurred outside of Alberta, with a few exceptions. You may also seek help from a Medicine Hat accident lawyer.
Caveats to MVAC
The MVAC program has some limitations that you should be aware of. First and foremost, the maximum sum received from the MVAC fund is $200,000. Second, MVAC does not modify this amount for the number of people hurt in the incident. The $200,000 will be distributed according to the proportion of total damages received by each individual.
As a result, if you and another person were both injured in a single hit-and-run accident and incurred the equivalent of $1 million in bodily harm, each of you would only be entitled to $100,000 from MVAC. Another drawback of MVAC is that it can only compensate for bodily injury rather than property damage.
Endorsement for Family Protection SEF 44
If your bodily injury costs more than $200,000, you may be eligible for further reimbursement from your insurance company. When the at-fault driver is uninsured or there is a hit-and-run, the Family Protection Endorsement or SEF 44 can be purchased to protect motorists.
As long as the entire amount does not exceed your third-party liability coverage, SEF 44 coverage will allow you to receive compensation not covered by the MVAC program. If you don't already have SEF 44 coverage, you should consider getting it to protect yourself from future losses caused by a hit-and-run or an accident with an uninsured driver.
If the hit-and-run occurred while you were at work, the Workers' Compensation Board might be able to repay you for some or all of your losses. To be eligible for WCB payments, you must be employed in a WCB-covered industry, and your injuries must have occurred while you were working. Otherwise, your claim will be denied if it is not filed within the 24-month time limit.
These programs compensate you, not allow you to profit from your injuries while filing your claims. Any WCB money you get could be removed from your MVAC payment. WCB and MVAC compensation may also be deducted from your SEF 44 benefits by your insurance carrier.
When you are hurt in a hit-and-run accident, you have a few options for getting the money you deserve. The MVAC program, the SEF 44 endorsement, and the WCB plan all exist to ensure that harmed parties are reimbursed. To increase your chances of acquiring the compensation you require, make sure you apply for any benefits you are entitled to with the help of personal injury lawyers in Medicine Hat.
Do you require legal assistance in Medicine Hat, Alberta? Make a phone call to Hamilton Cahoon Law. We can help you with different legal issues, including family law, civil litigation, personal injury, real estate, and other legal issues. Meet with personal injury lawyers in Medicine Hat for legal advice!