Driving without Insurance in Ontario? You could Forfeit Your Right to Make an Injury Claim if Involved in an Accident.
Driving without insurance in Ontario is against the law and could have serious consequences if you are involved in an accident. In addition to not having insurance coverage to protect you from a claim for loss or injury, an uninsured driver also risks no means to recover in the event that they are injured. Pursuant to s. 267.6 (1) of the Insurance Act, any person operating a motor vehicle in contravention of s. 2(1) of the Compulsory Automobile Insurance Act (i.e. having insurance when operating a motor vehicle), forfeits all right to pursue a claim for injuries or losses. The language of s. 267.6 (1), provides as follows: "Despite any other Act, a person is not entitled in an action in Ontario to recover any loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile." This section does not contemplate fault, it is a total bar to bring an action to recover for your injury or loss.
An exception exists in the situation where a driver is operating another person's vehicle without knowledge that it was not insured. The test is one of reasonableness; that is, that the driver could not have reasonably known the vehicle was uninsured.
Protect yourself and others while driving by making sure you have valid insurance coverage at all times. If you were injured due to a driver without insurance you still have rights to claim for your injuries. There is coverage available to innocent victims that are injured due to the fault of an uninsured driver.
If you are not sure about your rights because of an insurance coverage issue, contact an experienced lawyer. The injury lawyers at Iacobelli Law Firm are experienced in accident and insurance claims. Get answers now - call us for a consultation anywhere in Ontario toll free at 1-866-234-6093 or complete our online contact form here.
Motorcyclist Seriously Injured in Hit and Run Accident in Markham on September 29, 2019
A motorcyclist was seriously injured as a result of a hit and run accident on Sunday September 29, 2019 in Markham. According to information released by the York Regional Police, there were reports of a serious collision involving a motorcycle on Highway 7, near York Durham Line in Markham.
Police learned that a motorcycle had been struck by a Nissan Pathfinder, which fled the scene. Officers from the York Regional Police located the Nissan and arrested the driver, an off-duty officer, for impaired driving.
The driver of the Nissan was identified as Nathan Coates 42, of the City of Oshawa. He has been charged with the following:
Impaired Driving Causing Bodily Harm
Operation with Over 80 mgs of Alcohol Causing Bodily Harm
Failure to Stop at Scene of Accident
Dangerous Cause Bodily Harm
Unfortunately, the other driver was an off-duty police officer. In addition to any charges that the off-duty officer may face, there is also the likelihood of a civil claim. The motorcyclist may be entitled to make a claim for his losses and injuries. These claims do not seek to punish the at-fault driver or assign criminal fault, but instead are for negligence and are usually covered by the insurance policy on the vehicle. Injury claims are made to allow the injured victim to recoup some of their losses caused the by negligence of another driver.
An experienced Ontario motorcycle injury lawyer can help injured motorcyclists pursue the insurance coverage that they are legally entitled to receive.
Motorcycle accidents are unique and present special challenges that must be considered and addressed early. Our Ontario motorcycle accident law firm has experience handling motorcycle accident claims.
Iacobelli Law Firm works hard to protect the rights of those injured in hit and run motorcycle accidents. To learn more about your rights following a motorcycle accident, contact us for a Free Consultation by calling 1-866-234-6093 or completing an online contact form here.
Andrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm.
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