In Alberta, if you suffered an injury in a car accident caused by an uninsured driver, your injuries can still be covered through your own Uninsured Motorist (UM) coverage. This coverage, included in most auto insurance policies, can pay for lost income, pain and suffering, and other losses. If the at-fault driver is unknown or your injuries exceed your insurance limits, you may also be eligible for compensation through Alberta’s Motor Vehicle Accident Claims (MVAC) Program, which provides payments for bodily injuries caused by uninsured or unidentified drivers.
At MNH Injury Lawyers, our team can guide you through every step of the process. We handle filing your UM claim with your insurer, gathering necessary documentation, and, if necessary, filing an MVAC application. We work to maximize your compensation while managing all legal and administrative tasks, allowing you to focus on your recovery with confidence.
For a free case evaluation and legal consultation with an experienced motor vehicle accident lawyer, please call or contact us online today.
Key Takeaways: Accidents Involving Uninsured Motorists
- Uninsured Motorist Coverage: If you suffered an injury from an uninsured driver, your auto insurance policy may provide compensation through Uninsured Motorist (UM) coverage.
- Motor Vehicle Accident Claims (MVAC) Program: If the at-fault driver is unknown or your injuries exceed your insurance limits, Alberta’s MVAC program may provide additional compensation. MVAC requires documentation such as a police report, medical records, and often a court judgment confirming the driver’s liability.
- Combining Coverage: UM coverage and MVAC can work together. Your insurance may cover immediate costs, while MVAC can supplement compensation for more serious or costly injuries.
- Legal Support Matters: Navigating insurance claims and MVAC applications can be complex.
- How Lawyers Help: They handle every aspect of your case. Filing UM claims, gathering evidence, preparing documentation for MVAC applications, and advocating to ensure you receive the maximum compensation you are entitled to.
- Focus on Recovery: With our team managing the legal and administrative process, you can concentrate on healing while we pursue your claim efficiently and effectively.
Types of Motor Vehicle Collisions Involving Uninsured Drivers – and the Resulting Injuries
Negligent or careless drivers can cause a wide variety of collisions, each with unique risks and potential for severe injuries.
- Car accidents are the most common type of collision and occur in numerous ways, including rear-end crashes, head-on collisions, and side-impact or T-bone accidents. Rear-end crashes often result from distracted driving or tailgating, leading to whiplash, concussions, and back injuries. Head-on collisions, though less frequent, are usually more severe, causing traumatic brain injuries, broken bones, and internal organ damage. Side-impact accidents frequently occur at intersections when a driver runs a red light or fails to yield, often resulting in severe chest, pelvic, or spinal injuries.
- Truck accidents involve commercial vehicles like semi-trucks or large delivery trucks. Due to their size and weight, these collisions are particularly dangerous. Even minor accidents can cause severe crushing injuries, broken bones, and life-threatening trauma. Negligent truck drivers who speed, drive while fatigued, or fail to secure cargo contribute significantly to these accidents.
- Pedestrian accidents occur when a driver strikes someone walking on or near the roadway. Pedestrians have no protection against a vehicle’s impact, making injuries potentially catastrophic. Common outcomes include traumatic brain injuries, broken limbs, spinal cord damage, and internal injuries. Distracted driving, speeding, and failure to yield at crosswalks are frequent causes.
- Bicycle crashes happen when drivers collide with cyclists due to inattentiveness, failing to check blind spots, or making unsafe turns. Cyclists are vulnerable to head injuries, fractures, and road rash, which can lead to long-term disability if protective gear is insufficient.
- Motorcycle collisions are also highly dangerous because riders have minimal protection. Accidents often occur when other vehicles fail to notice motorcycles, change lanes unsafely, or make sudden turns. Injuries can include severe road rash, broken bones, traumatic brain injuries, and spinal cord damage.
Why Do Some Motorists Drive Without Insurance?
Many motorists drive without insurance for various reasons, ranging from financial constraints to intentional avoidance of responsibility.
A primary reason some drivers do not have insurance is financial hardship. Auto insurance can be expensive, and some struggle to afford monthly premiums. Young drivers, in particular, often face higher rates due to their limited driving experience and perceived risk.
Another common reason is a lack of understanding or awareness. Some drivers are unaware of the legal requirement to maintain insurance or underestimate the potential consequences of driving without it. They may not fully recognize how costly accidents can be or how severe legal penalties for uninsured driving can become, including fines, license suspension, or even criminal charges in some cases.
Another factor is intentional avoidance. Some motorists deliberately choose not to obtain insurance to evade financial responsibility. They may believe the likelihood of getting caught is low or assume they can avoid paying for damages if an accident occurs. Others may have previously had insurance canceled due to poor driving records, missed payments, or traffic violations, leaving them ineligible for affordable coverage.
Some drivers rely on alternative protection methods, such as informal agreements with friends or family members, or using vehicles sporadically to avoid detection. Others may take risks, hoping that accidents will be minor and avoid legal repercussions.
Regardless of the reason, driving without insurance creates significant risks for everyone on the road.
What is the Process of Filing an Uninsured Motorist Claim or Lawsuit?
Injured accident victims may also be eligible to file an uninsured motorist claim under their insurance policy.
Filing an uninsured motorist claim or lawsuit can be a complex and often overwhelming process, but with the proper legal support, victims can navigate it more effectively. The first and most critical step is gathering documentation related to the accident. It includes obtaining police reports, medical records, witness statements, photographs of the scene and any damages, and any available communication with the at-fault driver. Collecting this information early ensures that your case is supported by clear and accurate evidence.
Once documentation is gathered, a lawyer can guide you through every stage of the claims process. We start by reviewing your insurance policies to determine coverage, including whether your own policy provides uninsured motorist protection.
After evaluating your coverage, we prepare and submit the uninsured motorist claim to your insurance provider. It involves compiling all supporting documents, drafting formal demand letters, and advocating for your entitlement to compensation. Our team negotiates directly with the insurance company, ensuring that your claim is handled efficiently and that you receive fair compensation for your injuries, lost income, and other damages.
If your claim is denied or the insurer fails to offer a reasonable settlement, we can file a lawsuit directly with the court. This legal action involves drafting a statement of claim, serving the defendant, and pursuing discovery to gather further evidence. Our lawyers represent you in court, presenting your case clearly and persuasively while managing all procedural requirements and deadlines.
Throughout the process a lawyer will remain focused on reducing stress and protecting your rights. From gathering documentation to negotiating settlements or representing you in court, we provide comprehensive legal support, ensuring that you are not left to navigate your uninsured motorist claim alone.
If your injuries exceed your policy limits or the driver is unknown, you may also be eligible for additional compensation through Alberta’s Motor Vehicle Accident Claims (MVAC) Program.
Types of Recoverable Compensation in an Uninsured Motorist Claim
Victims of uninsured motorist collisions may be eligible to receive various types of compensation from their insurance company. At MNH Injury Lawyers, we will work hard to maximize the compensation you recover for your accident-related losses.
Lost Earnings
Lost earnings are among the most common forms of compensation in an uninsured motorist case. If an accident leaves you unable to work for a period of time, you may be entitled to recover the earnings you would have earned during your recovery. It includes your regular salary and bonuses, overtime, and other employment-related benefits lost due to your inability to perform your job. Recovering lost earnings helps alleviate the financial burden while you focus on healing.
Loss of Earning Capacity
In some cases, injuries from an accident may have long-term effects on your ability to work. Loss of earning capacity compensation is designed to address situations where your future employment opportunities are diminished because of your injuries. It may occur if your physical abilities, cognitive skills, or stamina are permanently affected, limiting the types of work you can perform or the number of hours you can work. Compensation in this category aims to account for the potential reduction in your lifetime income.
Loss of Life Enjoyment
Serious injuries can interfere with your ability to participate in activities and hobbies that bring fulfillment and joy. Loss of life enjoyment compensation recognizes that an accident may prevent you from engaging in sports, social activities, travel, or even simple daily routines you previously enjoyed. Courts consider the impact on your overall quality of life and award damages to account for these limitations.
Emotional Distress
Accidents caused by uninsured motorists can also result in significant emotional distress. Anxiety, depression, post-traumatic stress, and other mental health challenges are common following serious collisions. Compensation for emotional distress seeks to address the psychological toll of the accident, including ongoing therapy costs and the overall impact on your mental well-being.
Pain and Suffering
Finally, pain and suffering damages are intended to compensate for the physical discomfort and bodily injuries caused by the accident. It includes immediate pain following the collision and long-term or chronic pain that affects your daily life. Courts evaluate your injuries’ severity, duration, and permanency when determining appropriate compensation for pain and suffering.
Filing an MVAC Claim
If you suffered an injury in a car accident in Alberta caused by an uninsured adult driver, you may be eligible to file a claim with the Motor Vehicle Accident Claims (MVAC) Program. This program is designed to compensate when the at-fault driver has no insurance or cannot be identified. The process involves several vital steps to ensure your claim is successful.
- First, you should report the accident to the police and obtain a police report. This documentation is critical, as it establishes that the other driver was at fault and uninsured.
- Next, notify your own insurance company.
After reporting, your lawyer can initiate legal action against the uninsured driver. A court judgment confirming the driver’s liability is usually required before MVAC will provide compensation. Once a judgment is obtained, you can submit a formal MVAC application, including all supporting documents such as the police report, medical records, and the court judgment.
MVAC will review your claim to determine eligibility and the amount of compensation. If approved, you will receive payments up to the program’s limits.
FAQs: Accidents Involving Uninsured Drivers
What happens if I’m injured by an uninsured driver?
If you suffered an injury in a car accident caused by an uninsured driver in Alberta, you are not left without options. Your auto insurance policy may provide coverage through Uninsured Motorist (UM) Coverage, also called Section B benefits, which can pay for various losses.
How do I file an Uninsured Motorist claim?
You must report the accident to your insurance company as soon as possible. Provide a police report, witness statements, medical records, and other relevant documentation. Your insurer will investigate the accident and verify that the other driver was uninsured. Once approved, your policy pays for eligible injuries up to your coverage limits.
What if my injuries exceed my insurance coverage, or the driver is unknown?
In these cases, you may apply to Alberta’s Motor Vehicle Accident Claims (MVAC) Program. MVAC provides compensation for bodily injuries caused by uninsured or unidentified drivers. To qualify, you generally need a court judgment confirming the at-fault driver’s liability. You then submit an MVAC application with supporting documents, including medical records and proof of expenses.
Can I use both UM Coverage and MVAC?
Yes. Your insurance may cover the initial costs, and MVAC can provide additional compensation if injuries exceed your policy limits or the driver is unknown. This combination ensures injured victims have a path to recover compensation even when the at-fault driver lacks insurance.
Speak to an Experienced Motor Vehicle Accident Lawyer Right Away
We are prepared to pursue the maximum compensation in your motor vehicle accident claim or lawsuit at MNH Injury Lawyers. For a free case evaluation and legal consultation with a knowledgeable motor vehicle crash lawyer, please call us at (888) 664-5298 or contact us online.
