Ontario’s no-fault insurance laws have made car insurance claims more complex than an ant colony-but what happens if you don’t have car insurance? What happens if the other party also do not have car insurance? Who pays in an auto accident if nobody has car insurance?
Who Pays in an Auto Accident if Nobody has Car Insurance?
The cold, hard truth is that everybody pays. In order to arbitrate a car accident case it must be reported to the police-and drivers without valid Ontario automobile insurance are penalized with a fine starting at $5,000. In addition to the fine for driving without insurance in Ontario you are also only entitled to minimal medical and rehabilitation benefits, and may or may not be entitled to wage-loss or other forms of accident compensation. You may however be able to launch a civil suit against the other driver, if they can be legally found at-fault for the accident. Conversely, if you are found at-fault the other driver can launch a civil suit against you.
If nobody is found to be at-fault, or you are found at-fault you may still qualify for benefits under Ontario’s Motor Vehicle Accident Claims Fund. This fund stands to offer a last-resort option for those who are not covered under their own insurance, under another person’s insurance or under the insurance of the other vehicle(s) involved in the accident. The MVACF offers limited accident benefits that can include: rehabilitation, lost-income reimbursement and attendant-care benefits.
Do I Qualify for a Civil Suit?
If you fail to qualify under any insurance policy coverage and cannot find suitable reimbursement from Ontario’s Motor Vehicle Accident Claims Fund then you will want to consider launching a civil suit against the other party (or parties) involved. To win a case you will need to provide evidentiary support that shows that you were not at-fault for the accident, and then proceed to arbitration or a trial.
If you are considering launching a civil suit for an auto accident where nobody has car insurance, be sure to call us here at Conte & Associates. Our team of experienced personal injury lawyers in Whitby and Oshawa will help you gather evidence to meet your burden of proof, and then proceed within designated timelines, cut-off dates and imposed statutes of limitation
