You’ve been charged under the “Compulsory Automobile Insurance Act.” There are lots of laws you need to follow when you drive. Your Driving Without Insurance charge is found in the “Compulsory Automobile Insurance Act”, Ontario legislation.
Under section 2(1) of the “Compulsory Automobile Insurance Act,” you cannot operate a motor vehicle unless that vehicle is legally insured.
I was not driving my vehicle. Someone else was driving my car. Why was I charged with Driving Without Insurance?
The law is clear. If you own a vehicle, that vehicle must be insured.
And, it does not matter who is driving the vehicle. If the vehicle is not insured, then you will be charged with Driving Without Insurance, even if you’re not driving the vehicle.
This makes not sense. Someone else took my car for a drive, and now I have a $5,000 fine?
It’s important to wrap your head around the fact that it is the car that carries the insurance, not the person. This means that if someone drives YOUR car, and the car is not insured, then you are responsible for the fine, because the law deems you responsible for not having a valid insurance policy on the car. This is actually under the CAIA section 2(1)(b). This section basically states that you knowingly allowed an individual to drive an uninsured vehicle.
What if someone took my car without permission? Why is that my fault?
Remember, the vehicle is registered to an individual. If that individual is you, then, legally, you have to take full responsibility for that vehicle. The law does not consider the excuse that you did not know someone took the car, or they took the car without permission. This is because the car should never have been accessible to anyone if it did not have a valid insurance policy.
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.
