Driving without Insurance in Ontario
Driving without insurance is not a criminal offence but a severe provincial offence with significant legal and financial consequences. Driving without insurance is considered a violation of the Compulsory Automobile Insurance Act (CAIA). As the owner of a car, it is your responsibility to ensure that the vehicle is insured and that the insurance policy is valid. Regardless of who is behind the wheel, the owner will be charged for the uninsured car.
Penalties for Driving Without Insurance
Driving without insurance is a serious offence in Canada, and it can be challenging to defend yourself if caught. Even if you believed you were insured or were unaware that insurance was necessary, these are not considered valid defences. While driving without insurance will not result in any demerit points on your driving record, your insurance company may still penalise you by raising your premiums or cancelling your policy. This can lead to inadequate coverage and costly consequences.
The penalties for driving with no insurance in Ontario:
- On a first conviction, the fine for the offence could range from $5,000 to $25,000, with a potential 25% victim surcharge.
- On a second or subsequent conviction, the fine could range from $10,000 to $50,000 with a potential 25% victim surcharge.
- Your licence could be suspended for up to one year, and your car could be impounded for up to three months.
- You can be personally liable for any damages or injuries from an accident while driving uninsured.
- Higher insurance premiums
Understanding the severe consequences of driving without insurance in Ontario is crucial. Apart from legal repercussions, driving uninsured could lead to other consequences. If you get into an accident while uninsured, it may increase the chances of being considered a “high-risk” driver by insurance companies, which could result in the denial of insurance coverage. Additionally, a suspension or revocation of your driver’s license could lead to losing your job if driving is a crucial requirement for your work. Not to mention, having a record of driving without insurance can seriously impact your chances of securing government jobs such as in the police or military. Therefore, it’s essential to maintain a clean driving record and drive safely to avoid any potential consequences.
You’ve Been Charged – Now What?
- Stop driving.
- Try to get your vehicle insured immediately – the last thing you need is another ticket for driving uninsured.
- It is advisable to hire a lawyer immediately.
- Before going to court, make sure to have proof of your restored motor vehicle insurance. This may help resolve your case and lead to a reduced fine.
How to Fight Driving Without Insurance in Ontario?
Hire a traffic ticket lawyer or paralegal to represent you in court
*Remember, if you choose to simply pay the fine and not go to court,
you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing an uninsured driving charge. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties for driving without insurance. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if you have been caught driving without insurance. And with a lawyer, you may not even need to attend court yourself. Fighting a driving without insurance ticket on your own is time consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like X-Police is highly recommended to avoid frustrating outcomes.
Learn more about the Compulsory Automobile Insurance Act
2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall
(a) operate the motor vehicle or
(b) cause or permit the motor vehicle to be operated
on a highway unless the motor vehicle is insured under a contract of automobile insurance. 1994, c. 11, s. 383; 1996, c. 21, s. 50 (3).
Definition
(2) For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act,
“contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer. R.S.O. 1990, c. C.25, s. 2 (2).
Offence
(3) Every owner or lessee of a motor vehicle who,
(a) contravenes subsection (1) of this section or subsection 13 (11); or
(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured,
is guilty of an offence and is liable 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 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year. R.S.O. 1990, c. C.25, s. 2 (3); 1996, c. 21, s. 50 (4); 2002, c. 22, s. 33.