Can I make a claim for injuries if I do not have automobile insurance?

As a driver in Ontario you must have automobile insurance – it’s the law! According to s.2 of the Compulsory Automobile Insurance Act, “no owner or lessee of a motor vehicle shall operate the vehicle, or cause or permit the motor vehicle to be operated, unless the motor vehicle is insured under a contract of automobile insurance”.

Driving Without Insurance (don’t do it!)

If convicted of driving without insurance, or failing to surrender an insurance card for inspection to a police officer, you may be face the following penalties, “on a first conviction to a fine of not less than $5,000 and not more than $25,000, and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000.“ On top of this, your license may be suspended for up to a year and your insurance premiums will likely rise.
If you are injured while driving without insurance, the consequences can be financially devastating. Generally speaking, an uninsured driver loses the right to sue other drivers for their negligence, and is not entitled to claim certain accident benefits from their own insurer, including Income Replacement Benefits. To prevent a similar situation contact Grillo Law for a free consultation.

Pedestrians, Cyclists and Passengers Without Insurance

There are some situations, however, where individuals are involved in automobile collisions as pedestrians, cyclists, or passengers and do not have their own automobile insurance policy. We are often asked whether there is any recourse available to injured victims in these situations.
The answer is YES!
The general rule is that accident benefits are available to all victims of motor vehicle accidents in Ontario, regardless of whether they have a policy of their own. Where the victim does not have their own insurance policy, the claim may rest with the insurer of the automobile in which they were an occupant, or the insurer of any other automobile involved in the accident. Where there is no insurance policy available, the Motor Vehicle Accident Claims Fund will step in as the payer of last resort.
Furthermore, uninsured individuals (other than uninsured drivers) retain the right to sue the negligent parties in tort for their damages.
Navigating insurance issues can be overwhelming, especially in the aftermath of being involved in a motor vehicle accident. If you aren’t sure about your rights or if you need with your claim, feel free to call Grillo Law P.C. to arrange your free consultation today.