May I still sue if I am involved in a car accident and either myself or the other driver did not have insurance?

Driving without insurance is illegal in Ontario and for good reason! When someone gets behind the wheel of a car knowing that they are not insured, and an accident happens, they are not favoured by personal injury law.

Nevertheless, it is still important to get the assistance of a personal injury lawyer.

Question: What if I don’t have insurance?

You may be eligible to receive Statutory Accident Benefits including the benefits such as rehabilitation expenses. You will need to consult with a lawyer who is well versed in personal injury law to know for sure what you are entitled to.

Question: What if the at-fault driver was not insured?

According to Ontario law, if you were injured by an uninsured driver, you may collect compensation from your own insurance company. You do not have to be without help or benefits simply because someone else was careless and drove without the proper insurance. You will also be able to sue the at-fault driver by including your insurance company in the court action under the OPCF protection provision of the Standard Auto Insurance Contract. You should contact a personal injury lawyer as soon as possible and he or she will review your case with you to determine what damages you should sue for.

Question: What if neither driver was insured?

It would be a rare case for an accident to occur without at least one of the drivers being insured. Nevertheless, it is possible, and accident claims and injury compensation can be paid by the government in this type of situation.

Like the previous case where only the at-fault driver was uninsured, in this situation you will have to initiate a lawsuit before any compensation can be claimed. You should speak to your personal injury lawyer as soon as possible to determine if you can institute a claim and what should be the next steps.

Question: I’m afraid to start a lawsuit because I was driving without insurance?

If you’ve been injured while driving without insurance, you may be hesitant to initiate a claim or sue for damages because you fear the repercussions of the fact that you were breaking the law by driving without insurance.

While there little no doubt, that this can have a negative impact on your case, and there may be consequences for your actions, there are still some good reasons why you might want to consider consulting a personal injury lawyer anyway. Here are a few of them:

  • The other driver may have been injured and is also contacting a personal injury lawyer. If this is the case, it will quickly become known that you were driving without insurance anyway.
  • The cost of going without the benefits that you need to recover may be greater than the consequences of driving without insurance. This is especially true if the injury is serious and results in lost income.
  • Your personal injury lawyer can speak to other parties on your behalf. At this confusing time, it is better to rely on a professional who understands personal injury law, than to try to work with other parties on your own.

If you’ve been injured while driving without insurance, or if you’ve been injured by someone else who has, that should not stop you from getting the legal help you need to get the benefits to help you recover.

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