4 (1) Where the death of or personal injury to or loss of or damage to property of any person is occasioned in Ontario by an uninsured motor vehicle, any person who would have a cause of action against the owner or driver of such uninsured motor vehicle in respect of such death, personal injury, loss or property damage, except a person entitled to make an application under subsection 7 (1), may make application, in a form approved by the Director, for payment out of the Fund of the damages in respect of such death, personal injury, loss or property damage.  R.S.O. 1990, c. M.41, s. 4 (1); 1997, c. 19, s. 16 (3); 1997, c. 28, s. 188. Deductible (2) In the case of loss or damage to property, only the amount by which the loss or damage exceeds $100 shall be paid out of the Fund under this section. Notice to owner and driver (3) Upon receipt of an application under subsection (1), the Minister shall, by registered mail, forward a notice of the application for payment out of the Fund to the owner and the driver of the uninsured motor vehicle against whom liability for the damages occasioned by the operation of the uninsured motor vehicle is alleged, to their last addresses as recorded with the Ministry of Transportation. Payment out of Fund authorized (4) The Minister may, in respect of an application made under subsection (1), make payment out of the Fund, subject to section 23, of an amount that the Minister considers proper in all the circumstances if, (a) the applicant executes a release under seal of all claims arising out of the motor vehicle accident that occasioned the damages to be paid out of the Fund; and (b) subject to clause (c), the owner and driver of the uninsured motor vehicle, against whom liability for the damages occasioned by the operation of the motor vehicle is alleged, execute a consent to the payment of the sum for damages out of the Fund and also execute under seal an undertaking to repay to the Fund the amount to be paid from the Fund; or (c) the person to whom a notice is sent in accordance with subsection (3) does not reply within thirty days of the date upon which the notice was sent either, (i) by mail, or (ii) by attending in person at the place named in the notice, and disputes liability to the person making application under subsection (1). Rights of insured to which insurer subrogated (5) The release executed under clause (4) (a) does not affect the rights of recovery of an insured against any person to which an insurer becomes subrogated under section 244 of the Insurance Act. Minister subrogated to rights of applicant (6) Where an amount is paid out of the Fund under subsection (4), the Minister is subrogated to the rights of the person to whom such amount is paid and the Minister may maintain an action in the Minister’s name or in the name of such person against any other person or persons responsible for the use or operation of the uninsured motor vehicle. Suspension of licence (7) Where payment is made under subsection (4), the driver’s licence of the person to whom notice was forwarded under subsection (3) shall be forthwith suspended by the Registrar and shall not be reinstated and no further licence or renewal shall be issued until such person has, (a) repaid in full to the Fund the amount paid out; or (b) commenced instalment repayments in accordance with an undertaking referred to in clause (4) (b) or the regulations made under section 11. Suspension on default of payment (8) Where a person who has commenced repayment of the amount paid out of the Fund on the undertaking referred to in clause (4) (b) or by the payment of instalments in accordance with the regulations under section 11 is in default in any payment for a period of ten days, the Registrar upon receiving notice of such default from the Director shall forthwith suspend the driver’s licence of such person.  R.S.O. 1990, c. M.41, s. 4 (2-8). Settlement of debt (9) Despite subsections (7) and (8), the Registrar shall reinstate a driver’s licence that has been suspended if the Director notifies the Registrar that the Minister has entered into a settlement in respect of the amount owing to the Fund.  1993, c. 10, s. 54 (1). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 54 (1) - 01/01/1994; 1997, c. 19, s. 16 (3) - 10/10/1997; 1997, c. 28, s. 188 (2) - 01/07/1998