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.
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.