Im wondering, if the guy wasnt drunk, but still his mistake and got seriously injured. Could he sue her because she wasnt even supposed to be on the road in the first place since she wasnt insured?"

im not saying/implying the insurance didnt do their job, its obvious they did and they always do. Im talking about a due diligence defense for yourself so that you can sue the drunk because you had every right in your mind to be on the road with your car while he did not. Re-read my last 2 posts and it will answer your last question.

The witness still has to prove you were going that speed. Without a device that measures speed, thats impossible. A lawyer/paralegal will get you that charge dropped in a heartbeat.

As for the letter from the insurance company, here's what the province says about deemed date of service: Deemed date of service (2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice. 2000, c. 26, Sched. O, s. 4. Here's a case of due dilligence, not from Ontario and from which the previous quot...

you might want to search more on due diligence as well, you might have a chance. A way corporations protect themselves with this defense is how they prove they had a system in place that verifies periodically some elements. In your case ,you could possibly argue that your couple act as an organization, and that within your "organization" you have elected your husband to make these verifications periodically, such as pay the bills, etc. If you have bank account that shows your husband is the one taking care of the financial transactions. Maybe you have a letter between you and him tha...

I understand that you think drunk driving is much worse than driving without insurance, but unfortunately the consequences could be just as bad. both were not supposed to be driving on the roads so you're both at fault. Fact is you neglected your responsibility and you took that risk every time you took your car. I mean you are obliged to carry your insurance papers with you when driving. Keeping that attitude, that you were not as wrong as the other guy will only set you up for failure in court. All I can think of to help you in this situation is having your husband testify to this. Check out...

^^sounds like good advice. But it sounds plausible that its only one ticket. Let's say a 45$ ticket, add administrative and collection fees and then compound interest. I dont know the rate for late fines but lets say now 85$ (ticket+fees) at 8% for 24 years.... 85 x 1.08^24 = 539$

Since when the insurance wasnt in force?

Those matches like to play with fire at home, but overseas, their attitude is much improved!

Thanks again for the clarification, along with the references.

After calling the prosecutor's office, the summons to appear date is sooner than any date he could meet me.

Thanks for the clarification, but isnt the arrestation not possible for a first offense? Driving while drivers licence suspended 53. (1) Every person who drives a motor vehicle or street car on a highway while his or her drivers licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and (b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six ...

True, its a bit much, MP's are leaders in the field, forming police corps all around the world! just kidding. I just wish for more education a little more than punishments. Too many drivers out there now i suppose. anyway im out, enough reading on laws for tonight!

The best advice on how to proceed here would be straight from your insurance rep, but im pretty sure that you need to win that trial first. If if find something helpful to you along my search, I'll post here. And I'll gladly do so, Im a bit offended by how we can be treated by cops at times. Sometimes it seems that either you are a cop or trash. im just out of military and let me tell you MP's are quite different. Like in Afghanistan, they knew if they were stuck in a mess (and they weren't that many of them), we were the ones to go save their butts, so most of them were really respectful and ...

thanks daggx, i really appreciate it. Im now starting to understand all this.