What happens If I’m Hit by an Uninsured Driver?

An uninsured driver is a driver who is operating a motor vehicle without having motor vehicle insurance When these drivers get involved in motor vehicle accidents, they place a great burden on all Ontario residents.

Approximately 2,100 uninsured motor vehicle accidents occur annually in Ontario. And, despite the high fine of driving uninsured ($ 5000 in Ontario), there are still many individuals who wrongfully choose to take the risk. It also doesn’t help that we Ontarians have some of the highest insurance premiums in the country. However, the equally high fine of driving uninsured is still not enough of a deterrent. This is also in addition to lack of adequate systems to verify insurance coverage on routine traffic stops.

So, what happens if you fall victim to a motor vehicle accident with an uninsured driver?

Insured drivers in this situation are covered under the “no fault” statutory accident benefits of their motor vehicle insurance policy. All motor vehicle policies in Ontario include coverage for damages caused by both insured and uninsured drivers. If you are involved in a motor vehicle accident with an insured driver, you will be covered under your insurance.

The maximum amount that can be paid out for a Plaintiff’s claim for damage is $200,000 for unidentified motorist coverage and uninsured motorist coverage. This is significantly less than the maximum pay-out for most auto insurance policies!

Victims can file lawsuits against liable uninsured drivers for injuries and damages. If all parties involved in the accident lack insurance coverage, the victims still have access to coverage for their damages through Ontario’s Motor Vehicle Claims Fund (MVCF).

The MVCF compensates victims of uninsured drivers in a car accident up to a maximum of $200,000 in damages including property damage, if for example, an uninsured pedestrian is hit by an uninsured driver. This coverage is only available to residents of Ontario for accidents that occurred within the province. The MVCF is the last resort option when there is no insurance coverage for the damages.

What happens if you’re uninsured and you fall victim to a motor vehicle accident?

Uninsured drivers do not have the same ability to sue. Under Ontario’s Insurance Act, an uninsured driver who was injured in a motor vehicle accident cannot sue for injury compensation .



Ontario has a long way to go to improve its problem of uninsured drivers. Better monitoring and deterrence of uninsured drivers can be effective tools if the police are provided direct access to a database that records a driver’s insurance history, allowing this information to be easily accessible to the police during routine traffic stops.

Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery.

Contact us at (416) 907-7364 or send us an email with your inquiry at [email protected]