Answer to this question depends on whether your driver was authorized to operate a motor vehicle, as it is defined within the meaning of the Insurance Act, R.S.O. 1990, c. I.8. Scenario 1: Your driver was authorized to operate motor vehicle (had a valid driver's license, was not in breach of conditions of that license, if any, and was not too sick or/ and intoxicated)
While there is a strong policy against operating a motor vehicle without proper license, Ontario Auto Insurance regime still allows such drivers to access coverage for medical rehabilitation and attendant care. You will not however have access to income replacement benefits or non earner benefits, housekeeping and / or caregiving expenses (even if you have purchased additional coverage), lost educational expenses and even visitor expenses. In this case you will not be able to sue the at fault driver in tort.
You should consider starting a claim for accident benefits if one or more of the following apply: You developed soft tissue pain in your neck, back, shoulders etc on a first, second or third day after the accident; You have signs of head injury. *Please note that one can suffer a head injury even if that person did not hit his or her head. This can happen due to strong acceleration - decceleration movement of the person neck and head during accident.
Skip to content