What is the fine for a No Insurance ticket in Ontario?- Fine of $5,000 to $25,000 for first No Insurance offence
- Fine of $10,000 to $50,000 for a subsequent offence
- Add a 25% court-imposed victim surcharge fee on top of any of the above fines
- Your drivers license could be suspended for as long as one year
- Your car could be impounded for up to three months, and you would be responsible for the storage fees
- Possible damage to your future ability to get a valid insurance policy in Ontario
This charge falls under the Compulsory Automobile Insurance Act, or CAIA(2)(1). This act governs drivers in Ontario to have a valid insurance policy on their vehicles.
Why is the fine so high?
The fine talks to the legal notion of “general” and “specific” deterrence. The law written to punish offenders with a high enough fine that the “general” public will understand that if they don’t get insured, they will pay a financial price in Provincial Offences court. Also, the law is designed to make sure the individual (specific deterrence) understands that they are being punished for not having a policy while driving a car that can have potential liabilities on the road, and therefore, must be insured.
I had no idea I wasn’t insured…
Unfortunately, the law does not take into account this excuse. The law was written in a very precise manor – either you had insurance when you were pulled over, or you did not. This means you are either guilty or not guilty. The issues between you and your insurance company do not have a lot of pull in the court room.
I don’t have $6,250…
The law does not take into account your financial circumstances when you are charged with No Insurance. The law blankets every driver in Ontario with the same \$5,000 fine. If you have exceptional financial circumstances, you can try to explain this upon sentencing. This may allow for a reduction in the fine. But keep in mind, the $5,000 is the MINIMUM fine prescribed in the CAIA. You would have to submit why you should pay less than the provincial minimum fine.
So what can I do?
Speak to a legal representative and perhaps they have a strategy that can help in court. Consultations are free, so the cost of speaking to a licensed legal representative could save you $1,000s of dollars.
Is this the same charge as Driving Without Proof of Insurance?
No. If you did not have your insurance card, but were actually insured, you have a very minor charge. This charge is for individuals who do not have a valid insurance policy.
Can the charge be dropped if I got insurance immediately after the charge?
The way the CAIA is written, is that if you were caught driving with no insurance, at that moment, then your charges do not depend on if you fixed the issue. Getting valid insurance is something you need to do to keep driving, but does not nullify the charge that you got at roadside.
