Hit and Run Accidents in Ontario: MVAC and Your Uninsured Driver Rights

When the At-Fault Driver Cannot Be Found or Is Uninsured

Two scenarios create particular difficulty for injured Ontario drivers: the at-fault driver flees the scene without being identified, or the at-fault driver is identified but carries no insurance. Ontario’s legal framework addresses both situations through the Motor Vehicle Accident Claims Fund (MVAC) and mandatory uninsured motorist provisions within standard auto policies.

The Motor Vehicle Accident Claims Fund

MVAC is a government-administered compensation fund paying damages to Ontario accident victims who cannot recover from the at-fault driver. MVAC is a payer of last resort — it responds only after all other available insurance coverage is exhausted. The current cap for personal injury is $200,000 per claimant.

Uninsured Motorist Coverage Under Your Own Policy

Ontario auto policies include mandatory uninsured/underinsured motorist coverage. The Family Protection Endorsement (OPCF 44R) is particularly significant — it allows you to access your own policy limits when the at-fault driver’s coverage is insufficient, providing up to $1–2 million above the at-fault driver’s own policy in serious cases.

Underinsured Motorist Protection

Ontario’s minimum third-party liability is $200,000 — inadequate for any serious injury claim. If the at-fault driver carries only the minimum and your damages exceed it, OPCF 44R family protection coverage can bridge the gap up to your own policy’s liability limit. Every Ontario driver should ensure their own policy carries OPCF 44R and meaningful liability limits.