Does my client have to sue the defendant, or can MVAC settle the claim without a court action being commenced?

MVAC only has jurisdiction to be involved if a Statement of Claim has been served and the uninsured defendant is noted in default. Then the administrator can appoint a representative, with authority to settle the claim.

If the at-fault driver is unknown, the action should be brought against “The administrator of the Motor Vehicle Accident Claims Act. Because the administrator is only a nominal defendant, he should not be noted in default.