PENALTY FOR DRIVING WITHOUT INSURANCE IN ONTARIO
The penalty for driving without insurance in Ontario is significant and it warrants discussion and it warrants consultation with someone who knows how to deal with this particular issue. You should be aware that if in fact you’re charged with driving without insurance in Ontario, you’re subject to a penalty, a minimum penalty by the way, of about $5,000 on a first offense.
In addition to that minimum, you need to be aware that the actual fine that you would receive on a first offense if the justice of the peace decides that you are going to get the minimum, and they have the ability to go higher than that. But let’s assume that on a first offense, that justice the peace says, I am going to issue you a penalty of $5,000. The actual penalty that would arrive for you to pay, so the bill to pay for that sort of an event is north of $6,250. So it’s quite expensive. It’s significant to be talking about today, and again, it is certainly a valid question to be asking. If there are subsequent offenses, so if there’s a history of this type of thing, you’re going to know you’re not a subject, you’re not going to be given a minimum penalty for this sort of thing. You are going to be looking at a range of fines between 5000 and 25,000. A very significant problem. It is designed specifically to be prohibitive so that you know, the legislature is spoken and they do not want any vehicle out there without insurance for liability reasons.
In addition to all of that, one of the more recent changes to that legislation is the fact that if convicted, you will also be looking at a one year driver’s license suspension. That’s significant itself for many reasons, including, you know, most people in our society use the vehicle to get back and forth to work.
Some people in our society actually use that vehicle as their work. If you are not able to work for a year for whatever reason, you can understand that, you know, a $5,000, even a $25,000 penalty pales in comparison to the opportunity cost of not being able to work. I would suggest if you are facing something like this, you have someone do a deep analysis on how this could have occurred.
It’s also important to to be aware that there are two significant ways where you would see this type of offense occur. By way of an example, if client were to loan their vehicle to someone else. I’ve had clients believe, well, it’s, I’ve loaned it out. They’re welcome to use it. I haven’t paid for insurance on the vehicle, but you allowed that person to use your vehicle. Well, you are allowed you’ve allowed that person to drive that vehicle without insurance. You can be charged by simply loaning your vehicle. You didn’t commit the offense directly, but you allowed someone to use that vehicle and then you would see that charge.
These charges on your record once you get through the suspension, once you get through the enormous fines, you now look at a future where it’s considered a major or serious violation, and you’re going to an insurance company and you’re going to be asking for insurance again, and with that matter on your record now you’re looking at doubling, tripling, quadrupling your insurance record or your insurance just to simply drive a car.
I would consider strongly that you get some help with this type of thing, and I would consider that you reach out to OTD Legal who can provide you some direction on how to deal with this particular matter.