insurance Tag Archives

Driving Without a License: Can I Still Sue?

Imagine you are on an afternoon drive. You are obeying the rules of the road and driving in a safe and prudent manner. Suddenly, another vehicle comes along, blows through a clearly-marked stop sign and smashes into your vehicle. You are now injured and faced with a lifetime of pain through no fault of your own. Your first thought is to sue the at-fault driver. However, there is just one problem: you didn’t have a valid driver’s license at the time of the crash.

K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS

In the recent decision before the Licence Appeal Tribunal (LAT), K.D. v. Aviva Insurance Company, 2020 ONLAT 18-011646/AABS,Vice Chair Farlam clarified some long-held differences of opinion between insureds and insurers – or affirmed the interpretation of unambiguous statutory legislation, depending on whom you ask – regarding the calculation of a weekly base amount for income replacement benefits payable to self-employed motor vehicle accident victims.