When you get into the driver’s seat, you never want to think about the worst-case scenario. And, if the worst does happen, it pays to be prepared with proper insurance. But what if you’re in an accident and don’t have coverage? You may still have options.
In this post, we’ll break down the legal requirements for vehicle insurance and what steps to take if you are in an accident without protection. More importantly, we’ll explore how to secure compensation and when to seek legal help.
Legal Requirements for Insurance in Ontario
In Ontario, having valid auto insurance isn’t optional—it’s the law. Every driver needs it to protect themselves and others in case they are involved in a motor vehicle accident. Insurance exists similarly for off road vehicles, although the requirements differ slightly.
Auto Insurance Laws
In Ontario, all drivers are required by law to carry valid auto insurance. This helps cover medical, rehabilitation expenses and income replacement, vehicle damage, and liability if you’re involved in an accident.
Recreational Vehicle Insurance Laws
It’s not just cars and trucks that require insurance. In Ontario, all-terrain vehicles (ATVs), snowmobiles, boats, and personal watercraft (like Jet Skis) also fall under insurance regulations, especially when they are used on public roads and waterways.
- ATVs and snowmobiles used on public roads or trails must be insured under a motor vehicle liability policy.
- Boats and other watercraft may not require insurance by law, but coverage is strongly recommended and often required by marinas.
Just like with cars, having the right insurance in place can help protect you if something goes wrong. If you’re unsure whether your recreational vehicle needs insurance, it’s best to speak with a broker before hitting the road, trail, or water.
What Happens if You’re in an Accident Without Insurance?
Whether you’re in a car, riding an ATV, or operating a boat, being in an accident without insurance can leave you legally and financially vulnerable. Here’s what to do if you’re involved in an accident—insured or not:
- Stop Your Vehicle: Bring your vehicle to a full stop, shift into park, and turn off the engine. Whether you’re on a public road, trail, or waterway, stopping immediately is a legal requirement.
- Check for Injuries: Assess yourself and others for injuries. If there are serious injuries or someone is unconscious, call 911 right away.
- Call the Police: In Ontario, you must report an accident to police if: Anyone is injured, There’s suspicion of impaired driving, Combined damage appears to exceed $2,000. This applies to both vehicles and off-road incidents that occur on public property.
- Document the Scene: If it’s safe, take photos or videos of the scene, your injuries, the vehicle (or ATV/boat), road or trail conditions, and anything else relevant.
- Move to Safety: If you’re able to drive, move your vehicle out of traffic or off the trail to avoid further risk. Use hazard lights if available.
- Arrange a Tow: If your vehicle is not safe to drive, call a tow truck or roadside assistance. This also applies to recreational vehicles—ATVs or snowmobiles may need to be recovered by specialized towing services.
Motor Vehicles Accident Claims Fund
If you are in a single vehicle accident in Ontario without insurance, you will be responsible for the costs of any damages to your vehicle and your injuries. However, the Motor Vehicles Accident Claims Fund (MVACF) will pay for accident benefits (medical and rehabilitation expenses and attendant care). The Motor Vehicle Accident Claims Fund is a government-backed program in Ontario designed to provide compensation for people injured in accidents when no insurance is available, such as in hit-and-runs cases or cases where the driver is uninsured.
How Can a Lawyer Help if You’ve Been in an Accident Without Insurance
It’s easy to feel lost or even ashamed if you’ve been driving without insurance and find yourself in an accident, but that doesn’t mean you don’t deserve help. A professional and experienced lawyer should be in your corner, so you can navigate the intricacies of applying for compensation from the Motor Vehicles Accident Claims Fund. A personal injury lawyer can help with the following:
- Ensuring you meet the requirements to apply
- Applying for benefits
- Filling out legal documents and applications
- Securing fair compensation
Seeking Legal Assistance and Options
If you are involved in a motor vehicle accident, and you do not have a valid policy of automobile insurance, please do not hesitate to contact David Hollingsworth Personal Injury Lawyers. We have successfully handled numerous cases involving uninsured motorists. We understand the complexities of the Motor Vehicle Accident Claims Fund and are here to help when it comes to your search for fair compensation.
If you’re recovering from an accident where you didn’t have insurance, reach out to us for a free consultation.
