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Driving Without Insurance

If you, your friend, or a relative is caught driving without insurance in Ontario by a police officer, receiving a court summons is almost certain.

Is this considered a criminal charge? The answer is NO. However, the penalties for driving without insurance in Ontario are substantial.

This act is a violation of the Compulsory Automobile Insurance Act (CAIA), which mandates that no driver can operate a vehicle on a highway without it being insured under a motor vehicle insurance contract. In simpler terms, it's illegal to drive without insurance.

Drivers should always carry the following in their vehicle:

A car insurance card; or
An insurance card indicating that the driver is covered under an auto insurance policy.

The above documents must be presented to a police officer upon request as proof of insurance.

Penalties for Driving Without Insurance in Ontario:

First Offence:

A fine ranging from $5,000 to $25,000, which could total $6,255.00 when adding a 25% victim surcharge and a $5 court cost for the first conviction;
Suspension of the driver's license for up to one year;
Impoundment of the motor vehicle for up to three months.

Subsequent Conviction:

A fine between $10,000 and $50,000 plus a 25% victim surcharge and a $5 court cost;
Suspension of the driver's license for up to one year;
Impoundment of the motor vehicle for up to three months.

Additional Considerations for Driving Without Insurance:

Driving without insurance is considered one of the most common violations across Canada. No demerit points are assigned for this conviction, but insurance companies may increase your premiums by at least 50% for the next six years or even cancel your policy for over three years. You might also face personal liability for any damages or injuries caused in an accident.

Being labeled as a "high-risk" driver by insurance companies, having a prior record of this offense can hinder your chances of securing government jobs or affect your daily commute, resulting in significant financial implications over six years.

Additionally, failing to pay the fine for driving without insurance will automatically suspend your driver's license.

It’s important to remember that a conviction for driving without insurance in Ontario remains on your driving record permanently, escalating the severity of penalties for any future offenses.

What if you're charged with driving without insurance but weren't driving your car?

It's possible. As the vehicle's owner, it is your responsibility to ensure the vehicle is insured, regardless of who was driving.

Fail to Surrender Insurance Card:

If the vehicle owner fails to provide proof of insurance, they can be charged with:

Failing to surrender an insurance card;
Driving without insurance.

If the driver merely forgot their insurance card, they can present it in court later, potentially leading to the charge being withdrawn.

Paying a ticket for failing to surrender an insurance card, particularly if it was just forgotten, is ill-advised as it equates to admitting guilt and affects your driving record and insurance rates for three years.

If Caught Driving Without Insurance in Ontario:

Stop driving immediately and insure your vehicle as soon as possible. Officers typically use cameras to identify vehicles registered to uninsured owners. Continuing to drive uninsured exposes you to significant personal liability for any damages in an accident. In Ontario, having insurance protects you with at least $1,000,000 coverage in case someone is injured.

Before appearing in court, gather evidence that your insurance has been reinstated to possibly reduce your fine. Sometimes drivers might be unaware they were uninsured due to issues such as vehicle ownership, insurance cancellation, or banking errors.

Being a strict liability offense under the CAIA, you can argue at trial that you had a valid reason for driving uninsured, potentially leading to exoneration.

Nevertheless, most drivers in Ontario facing this charge knowingly chose to drive uninsured. Consulting with a legal expert, like a paralegal or lawyer, can help challenge the evidence or negotiate a reduction or dismissal of your penalties.

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