I don’t have a valid driver’s licence; can I still sue if I get into an accident?

This article was originally published by The Hamilton Spectator.

Q: If I do not have a valid driver’s licence and get into a collision can I still sue?

A: For class G/M drivers under the age of 80, the extension of deadlines for renewals of licenses due to the COVID-19 pandemic came to an end on February 28, 2022. It is very important to ensure that any requirements under your licence that were suspended during the pandemic have now been resolved as you could find yourself driving without a valid driver’s licence.

In Ontario, a motor vehicle must be insured under a contract of automobile insurance. If the vehicle does not have a valid contract of automobile insurance, you can lose the right to sue to recover any loss or damage from bodily injury or death. Most automobile insurance policies require the driver to have a valid driver’s licence in order to be covered by the policy. The exceptions to this are very few.

In summary, if you do not have a valid contract of automobile insurance at the time of the collision, you cannot sue. That being said, insurance coverage issues can be complicated and it is always a good idea to speak with a lawyer to help you understand your legal rights.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.