If someone is driving a car without valid insurance and they are injured in a car accident, can they still sue? Well, Section 267.6 of the Insurance Act, deals with this exact scenario. That section of Ontario law provides the following:
No action by uninsured owner or lessee
267.6 (1) 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 if, at the time of the incident, the person was contravening subsection 2 (1) of the Compulsory Automobile Insurance Act in respect of that automobile.
Prosecution not necessary
(2) Subsection (1) applies whether or not the person was prosecuted for or convicted of an offence under the Compulsory Automobile Insurance Act. 1996, c. 21, s. 29.
Based on the plain language of the statute, a person is usually not entitled to bring a lawsuit for bodily injury or death if they are not insured as required by Ontario's Compulsory Automobile Insurance Act.
It is still important to speak to a lawyer if you are not sure whether you have a right to make a claim for your injuries. There may be particular distinguishing facts that will allow a person to bring a lawsuit even if the vehicle was not insured at the time of the accident. Additionally, there may be other no-fault benefits that could still be available even if the vehicle was not insured.
If you have questions about your right to sue after an accident while in an uninsured vehicle, contact us to learn more. We are available 24 hours a day 7 days per week.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".
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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