Many of our clients charged with Driving with No Insurance – Compulsory Automobile Insurance Act, Section (2)(1)(a) – ask us if the Police actually checked their insurance before they got the $5,000 fine at the roadside.
I’m writing this to tell you that Yes, police can check the insurance ”status” of your vehicle by running your plate on MTO. If you don’t have insurance it will show up on the computer as ”UNCONFIRMED” in big red letters. The system is usually correct, in our experience. We rarely get a case where the client was actually insured.
How do the Police have access to my insurance information?
Ontario’s IVP database houses the vehicle identification number (VIN) and mandatory coverage status of each insured vehicle. IBC maintains this database on behalf of the insurance industry.
In the spring of 2011, MTO extended access to the IVP database so Ontario law enforcement agencies can validate insurance. Now police officers can confirm mandatory insurance coverage right from their vehicles.
I thought my insurance was valid, but the Police also charged me with providing false information
Many times, our clients are convinced they had a valid insurance policy. However, when they are pulled over at roadside, not only do they get charged with a No Insurance charge for $5,000, but they also get a “False information” charge, that can result in an additional fine of $5,000 or more. This happens as a result of not having valid insurance, yet you provided the police with an insurance slip.
To avoid this, always use a licensed insurance company, agent or broker. The Financial Services Commission of Ontario (FSCO), an agency of the Ministry of Finance, regulates insurance in Ontario. Visit FSCO’s website, to check whether an insurance company or agent is licensed. The Registered Insurance Brokers of Ontario (RIBO) is the self-regulatory body for insurance brokers in Ontario. Visit RIBO’s website, to check whether an insurance broker is licensed.
I pay my insurance every month. But one of my payments didn’t go through, and I didn’t know that the payment didn’t make it to the insurance company.
No, this is NOT a defence to the police officer.
You are responsible for making sure you make your insurance payments every month. If payment did not get processed, it is your responsibility to make sure that all payments go through. The fact that you didn’t get notice of your “non-payment” is not a defence.
Get legal advice
Even if you are frustrated, do no attempt to defend this on your own without getting some free legal advice. You may think you have a valid reason for not having insurance, or you may be angry. However, this will not help you when you get to court. There are specific strategies and defences that you need to be aware of in order to try to minimize your No Insurance fine. Take the No Insurance penalty test below to get a better idea of the penalties you will be facing once you get to court.
