OHTA.ca

Hi. I'm new to this forum. Looking for info on this situation:

Son had license suspended due to non payment of a fine. Swerved to miss a deer while driving with suspended license and rolled his car. Car is a write off. No charges were laid in the accident except driving while suspended. Court date in a few weeks for driving with suspended license. Insurance says it won't cover car because his license was suspended. He tells me he was unaware of his license being suspended.

Any advice or info that may help would be appreciated.

TIA.

My understanding is that the insurance company would have to cover any liability claims for damage (say to property or signs or telephone polls).

I am not sure about the vehicle itself though and whether they have to cover it or not.

Was the car and insurance in your sons name or in somebody else's?

I just found this:

Exclusions in Standard Auto Policy

If you are intending to participate in a ride-sharing service as a driver, you should check with your auto insurance representative to ensure you have proper insurance that protects the driver, passenger and others.

So what I read here is that they can deny payment for the vehicle only if your son is CONVICTED of the driving with suspended license. Maybe others can chime here if they know anything about it, but it seems to me that you will want to try and fight the charge. It appears to me that if you win then the insurance company can not deny the claim and re-imburse for the car.

So your son should plead not guilty and request a trial and then request disclosure (officers notes). There is a slim chance (very slim) that the officer won't show up, or maybe he made a mistake in his notes. But you should keep all options open.

Thank you for your response.

Yes, the insurance was in his name.

He will have been sent a letter advising of his suspension. Did he keep his address up to date ?

Yes his address was up to date. But he claims he received no notice. It was the officer who came to do the report at the hospital after the accident who said it was suspended. And from the look on his face, I know he didn't know. He says he opens his mail regularly but did not receive a notice. It was over an unpaid $155 ticket that he does admit to forgetting to pay.

Is there any record kept by mto about sending these letters? Any way to check to make sure it was sent?

jsherk,

That list is for Criminal Code convictions. Nothing to do with a drive under suspension.Drive while disqualified is Criminal.

To the best of my knowledge, your son's claim will be denied even if he was unaware of the suspension. The most relevant case law on the topic is a 2007 Ontario Court of Appeal decision entitled Guy Williams v. York Fire & Casualty Insurance Company (can be found online).

The short version is that a driver with multiple unpaid fines gets into accident on the same day that his licence is suspended. After a lower court decision in the driver's favour, the Court of Appeal rules that if someone is suspended, irregardless if they're aware of the fact, the provider does not need to cover them. I'm not aware of any more recent case law that says otherwise.

Ultimately you may wish to consult with a lawyer if your claim is denied to see if you have any recourse, but the matter would fall outside the realm of the HTA.