266.2(1)A person who would have a cause of action against an owner of an automobile or a driver of an automobile, other than an automobile owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the automobile in the Province, except a person entitled to make application under section 266.3, may make application on a form provided by the Facility Association for payment by the Facility Association of the damages in respect of such death, personal injury, or property damage.