What if I am in a car accident and don't have my own insurance?
Being in a car accident without your own insurance can be stressful, but there are established rules in Ontario to determine how you can access benefits. The path you take depends on your role in the accident.
If you were a passenger, a pedestrian, or a cyclist, you are still entitled to accident benefits. The claims process follows a specific order of priority. You would first claim from the insurer of the vehicle you were in. If that is not possible, you would claim from the insurer of any other vehicle involved in the collision.
If you were driving someone else's car and were not at fault, you would typically be covered for accident benefits under that vehicle's insurance policy. However, if you were driving your own uninsured vehicle, the situation is more severe. Driving without insurance is illegal in Ontario and carries heavy penalties, including fines from $5,000 to $50,000, license suspension, and vehicle impoundment.
Furthermore, you will be barred from receiving most accident benefits and will lose the right to sue the at-fault driver for damages. You would also be personally liable for any injuries or damages you caused to others, which could lead to significant financial ruin.
In any scenario where you are an uninsured person involved in an accident, it is crucial to seek legal advice to understand your specific rights and obligations. If no other insurance policy is available to you, you may be able to seek compensation from Ontario's Motor Vehicle Accident Claims Fund, which acts as a last resort for injured victims.
Expertise.
Share