It seems obvious that you simply cannot drive a car without valid car insurance. But in today's economy, when times are tough and people require cars to conduct their daily activities, it must be tempting to some to drive, just briefly, without insurance.
But. You. Must. Not.
Only drive an insured car. If you are borrowing a car, ensure it is insured before using it.
This is more than simply 'good' advice. Good advice is to get 8 hours of sleep per night and to eat more vegetables. Or exercise 4x/week. Or save at least your entire RRSP amount annually and invest in low-cost index funds.
No, driving without insurance is a fool's game. It's a no-win situation, borne of financial difficulty and inattention to detail. But nothing good arises from driving uninsured.
In this sad case of Belbas v Morrow, 2014 ONSC 5739 (CanLII), the uninsured owner/driver of a Mustang was hit by a Greyhound bus. A bus! And the bus was at fault. And the Mustang driver suffered serious injury, including brain damages and memory loss. And the Mustang caught fire due to the severity of the impact.
A Sad Ending to this Story, Yet Utterly Predictable
What happens when you drive without insurance?
Answer: you cannot sue for any loss or damage you suffer in a car accident.
Answer #2: if you try to sue for loss and your lawsuit is dismissed, then you might be responsible to pay the other side (who caused your accident) for part of their legal costs.
The end result in this Belbas case:
- the Greyhound bus avoids all liability;
- the Mustang driver’s lawsuit was dismissed; and
- the injured Mustang driver is to pay to Greyhound part of their legal costs for this failed lawsuit.
Background Information to Keep in Mind
As states by Madam Justice Pierce in Belbas, the statutory framework regarding the lack of car insurance pertaining to this situation is as follows:
[8] Central to this
motion is section 267.6(1) of
the Insurance Act, which
states:
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.
[9] Subsection
267.6(2) clarifies that subsection (1) applies whether or not the person was
prosecuted for an offence under the Compulsory Automobile Insurance Act.
[10] Section 2(1) of the Compulsory Automobile Insurance
Act provides:
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.
If you drive an uninsured car and get into an accident, you cannot claim for injuries nor can you receive Accident Benefits.
If you drive uninsured, you are left unprotected and alone. If you are hurt and cannot work, all you have is the universal OHIP health coverage and whatever social program you can successfully access (i.e. CPP disability, ODSP, etc).
But if you are at fault for an accident, then likely you will go bankrupt if the other party was injured and sues you.
This was a sad situation in which the blameless Mustang driver was seriously hurt. But he has lost his lawsuit and now will owe Greyhound bus some of their legal costs which arise from this summary judgment motion
Greg Chang
Toronto Personal Injury and Insurance Lawyer
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