Difference between revisions of "Driving Without Insurance"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://jcarrlawyers.com/jeremy-carr/ Jeremy Carr], Jeremy Carr & Associates|date= May 2018}} {{Dial-A-Law TOC|expanded = crime}}
Everyone who drives a vehicle in BC must have insurance. If you don’t, you can be charged with '''driving without insurance'''. Learn your rights and the steps you can take.


{{Dial-A-Law TOC|expanded = autos}}
==What you should know==
This script explains what may happen if you drive a motor vehicle without insurance.


==Violation Ticket, Appearance Notice, or Summons==
===The offences you may be charged with===
If you are charged with driving without insurance, the police will give you a traffic ticket. There are three types: a Violation Ticket, an Appearance Notice, and a Summons. Usually, police give a Violation Ticket. But if you have a bad driving record or previous driving offences, you may get an Appearance Notice or a Summons—normally within 6 months of the incident.
Driving without valid insurance [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec24_smooth is an offence under the ''Motor Vehicle Act'']. If you’re unable to show your vehicle insurance paperwork to a police officer when asked, you may be charged with any (or all) of the following three offences:


The ticket tells you exactly what offense you’re charged with, the penalties for it, and whether you must appear in court. For a Violation Ticket, you don’t have to appear in court – you just have to pay the fine shown on the ticket. But for an Appearance Notice and a Summons, you must go to court on the date shown on the notice or summons.
* '''Driving without insurance'''. This is the most serious of the three offences, with a usual penalty of a $598 fine.
* '''Failing to produce an insurance document'''. Less serious, with a usual penalty of an $81 fine.
* '''Failing to display a decal on your licence plate'''. The usual penalty is a fine of $109.


==Three possible offences==
[https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx The ICBC website shows the current fine amounts for these offences].
Generally, if you’re unable to show your insurance document to a police officer when asked, you may be charged with any, or all, of the following three offences:
*driving without insurance
*failing to produce an insurance document (less serious)
*failing to display a decal on your license plate


The ticket will show which offences the police charged you with. This script deals mainly with Violation Tickets for any of these three offences.
You don’t receive penalty points against your driver’s licence if you drive without insurance.


==If you get a Violation Ticket==
===The ticket or notice will say what you are charged with===
If you are charged with driving without insurance, you will get a piece of paper saying what you’ve been charged with. You will get one of:


*'''[http://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx The usual penalties]'''
* a violation ticket,
**driving without insurance: $598—consisting of a fine of $520 plus a victim surcharge of $78.
* an appearance notice, or
**failing to produce an insurance document: a fine of $81—consisting of a fine of $70 plus a victim surcharge of $11.
* a summons.
**failing to display a decal on your license plate: a fine of $109—consisting of a fine of $95 plus a victim surcharge of $14.


:In all 3 cases, the fine is reduced by $25 if you pay it within 30 days. The police usually write the penalty amount on the ticket. If you go to court to fight the ticket or the amount, the fine can be different – see below for more on this. If you pay the fine on time, it should not harm your credit rating. If you don’t pay the fine, you may not be able to renew your license.  
Usually, police give you a '''violation ticket'''. But if you have a bad driving record or previous driving offences, the police may give you an '''appearance notice''', or you may get a '''summons''' to court at a later date — normally within six months of the incident.


*'''Pleading guilty'''
The paperwork tells you exactly what offences you’re charged with, the penalties for them, and whether you must appear in court. For a violation ticket, you don’t ''have'' to appear in court — if you don't want to fight the ticket, you can '''pay the fine''' shown on the ticket. We explain your options shortly.
:If you want to plead guilty, which means you admit you committed the offence, you can pay your fine by mail or in person. Make sure your payment reaches the court within the 30 days allowed to pay – then you pay the reduced amount explained above. Once you pay the fine, your driving record shows a conviction for the offence.


*'''Pleading not guilty, or fighting the amount of the fine'''
But for an appearance notice or a summons, '''you must go to court''' on the date shown on the notice or summons. If you don’t go to court, a warrant can be issued for your arrest. For more details, see our information on [[If You Receive an Appearance Notice or Summons|if you receive an appearance notice or summons]].
:If you want to plead not guilty or dispute the amount of the fine, you must deliver a Notice of Dispute to the court within 30 days. You can personally deliver the notice to the court or mail it to the address shown on the ticket. Then you will get a hearing date. It could be weeks or even months until the hearing, depending on the court’s schedule.


:At your hearing, the police officer who stopped you will testify (tell the court what happened). You get a chance to question the officer and then you may give your evidence (tell the court what happened). You may also call other witnesses to testify for you. The judge or justice of the peace will decide whether you’re guilty and if you are, fine you and possibly prohibit you from driving. You don’t need a lawyer to represent you at your hearing, but you can hire one.
===If you had insurance when you were stopped===
You may have had vehicle insurance when the police stopped you, but you didn’t have your insurance documents with you or you didn’t have a decal on your licence plate. If so, you should take the insurance documents and decal [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations?keyword=provincial&keyword=court&keyword=locations to the Provincial Court registry in your community]. Explain that you want to plead '''not guilty''' to the charge of driving without insurance.


:If you go to court on the charge of driving without insurance, the court can fine you any amount from $300 to $2,000 (instead of the usual $598). Although a judge could send you to jail, it would be extremely rare and only if you had multiple convictions for the same offence. If you have a good driving record, tell the judge, because this may help you get a lower penalty.
In most cases, if you can prove the vehicle was insured, the charge of driving without insurance will be withdrawn. But if you were also charged with failing to produce the insurance document or failing to display the insurance decal, you will still have to deal with those charges. The fact that the vehicle was actually insured doesn’t matter for these charges. You’ll have to decide whether to plead guilty to these charges and pay the fines, or whether to fight the charges.


*'''If you had insurance when stopped'''
===If you don’t want to fight the charge===
:If you had vehicle insurance when the police stopped you, but just didn’t have your documents with you or didn’t have a decal on your license plate, you should take both the documents and decal to court. Explain that you want to plead not guilty to the charge of driving without insurance. In most cases, if you can prove that the vehicle was insured, the charge will be withdrawn. But you’ll still have to deal with the other charges of failing to produce the insurance document and failing to display the decal. The fact that the vehicle was actually insured doesn’t matter for these charges. You’ll have to choose whether to plead guilty and pay the fine, or plead not guilty and ask for a hearing date.
If you don't want to fight the charge, you can '''plead guilty'''. This means you admit you committed the offence.


*'''If you ignore or forget a Violation Ticket'''
If you received an appearance notice or summons, see our information on [[Pleading Guilty to a Criminal Charge|pleading guilty to a criminal charge]].
:If you ignore a ticket and don’t pay the fine or dispute the ticket within 30 days, you will be automatically convicted. But if you had planned to dispute the ticket, but were not able to do so (and that wasn’t your fault), you can go to the provincial court registry and apply to have your case go ahead.


==If you get an Appearance Notice or a Summons==
If you received a violation ticket, you can plead guilty by '''paying the fine'''. If you do, you don't have to go to court. There are many ways to pay ticket fines: [https://www.icbc.com/driver-licensing/tickets/Pages/Paying-and-disputing-tickets.aspx see the ICBC website for details]. The fine is reduced by $25 if you pay it within 30 days.
If you get an Appearance Notice or a Summons for driving without insurance, you must go to court on the date shown on the notice or summons. If you’re found guilty, the penalty is the same: a fine ranging from $300 to $2,000 and possibly jail time up to 6 months. Further, the court may prohibit you from driving for a certain time. If you don’t go to court, a warrant can be issued for your arrest.


==More information==
You won’t be able to renew your car insurance or your driver's licence until you pay the fine or otherwise deal with the ticket.
Check the [[http://www.icbc.com www.icbc.com ICBC’s website] on driver licensing and the following scripts:
*script [[Traffic Tickets (Script 194)|194]], called “Traffic Tickets”.
*script [[If you receive an Appearance Notice or Summons (Script 210)|210]], called “If you receive an Appearance Notice or Summons”.
*script [[Insurance Benefits and Compensation for Accident Victims (Script 185)|185]], called “Insurance Benefits and Compensation for Accident Victims”.


===If you ignore or forget a violation ticket===
If you ignore a violation ticket and don’t pay the fine or dispute the ticket within 30 days, you will be automatically convicted. If you had planned to dispute the ticket, but could not do so (and it wasn’t your fault), [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations?keyword=provincial&keyword=court&keyword=locations you can go to the Provincial Court registry] and ask to have your case go ahead.


[updated May 2016]
===If you want to fight the charge===
If you want to fight the charge and you received an appearance notice or summons, see our information on [[Defending Yourself Against a Criminal Charge|defending yourself against a criminal charge]].


If you received a violation ticket, you can '''dispute the ticket'''. You have 30 days from the date of the offence to dispute the ticket.


----
You can dispute the ticket in person or by mail. We explain the details in our information on [[Traffic Tickets|traffic tickets]].
----


A '''hearing date''' will be set. At your hearing, the police officer who stopped you will '''testify''' (tell the court what happened). You will get a chance to question the officer. After, you can choose to testify yourself. You may also call other witnesses. A judicial justice will decide whether you’re guilty or not guilty. [[Traffic Tickets|Our information on traffic tickets explains the process more fully]].


===If you’re found guilty of driving without insurance===
After a hearing or trial on a charge of driving without insurance, if you are found guilty, the court can fine you any amount from $300 to $2,000 (instead of the usual $598 fine). The court can prohibit you from driving for a certain time.
Although the court could send you to jail for up to six months, it would be extremely rare and only if you had many convictions for the same offence.
If you have a good driving record, tell the court, because this may help you get a lesser penalty.
==Get help==
===With more information===
The '''Provincial Court of BC''' website includes a “Guide to Disputing a Ticket”.
* [http://www.provincialcourt.bc.ca/types-of-cases/traffic-and-bylaw-matters Visit website]
The '''ICBC''' website explains how to dispute a ticket and pay fines.
* [https://www.icbc.com/driver-licensing/tickets/Pages/default.aspx Visit website]
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Latest revision as of 01:31, 17 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jeremy Carr, Jeremy Carr & Associates in May 2018.
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Everyone who drives a vehicle in BC must have insurance. If you don’t, you can be charged with driving without insurance. Learn your rights and the steps you can take.

What you should know

The offences you may be charged with

Driving without valid insurance is an offence under the Motor Vehicle Act. If you’re unable to show your vehicle insurance paperwork to a police officer when asked, you may be charged with any (or all) of the following three offences:

  • Driving without insurance. This is the most serious of the three offences, with a usual penalty of a $598 fine.
  • Failing to produce an insurance document. Less serious, with a usual penalty of an $81 fine.
  • Failing to display a decal on your licence plate. The usual penalty is a fine of $109.

The ICBC website shows the current fine amounts for these offences.

You don’t receive penalty points against your driver’s licence if you drive without insurance.

The ticket or notice will say what you are charged with

If you are charged with driving without insurance, you will get a piece of paper saying what you’ve been charged with. You will get one of:

  • a violation ticket,
  • an appearance notice, or
  • a summons.

Usually, police give you a violation ticket. But if you have a bad driving record or previous driving offences, the police may give you an appearance notice, or you may get a summons to court at a later date — normally within six months of the incident.

The paperwork tells you exactly what offences you’re charged with, the penalties for them, and whether you must appear in court. For a violation ticket, you don’t have to appear in court — if you don't want to fight the ticket, you can pay the fine shown on the ticket. We explain your options shortly.

But for an appearance notice or a summons, you must go to court on the date shown on the notice or summons. If you don’t go to court, a warrant can be issued for your arrest. For more details, see our information on if you receive an appearance notice or summons.

If you had insurance when you were stopped

You may have had vehicle insurance when the police stopped you, but you didn’t have your insurance documents with you or you didn’t have a decal on your licence plate. If so, you should take the insurance documents and decal to the Provincial Court registry in your community. Explain that you want to plead not guilty to the charge of driving without insurance.

In most cases, if you can prove the vehicle was insured, the charge of driving without insurance will be withdrawn. But if you were also charged with failing to produce the insurance document or failing to display the insurance decal, you will still have to deal with those charges. The fact that the vehicle was actually insured doesn’t matter for these charges. You’ll have to decide whether to plead guilty to these charges and pay the fines, or whether to fight the charges.

If you don’t want to fight the charge

If you don't want to fight the charge, you can plead guilty. This means you admit you committed the offence.

If you received an appearance notice or summons, see our information on pleading guilty to a criminal charge.

If you received a violation ticket, you can plead guilty by paying the fine. If you do, you don't have to go to court. There are many ways to pay ticket fines: see the ICBC website for details. The fine is reduced by $25 if you pay it within 30 days.

You won’t be able to renew your car insurance or your driver's licence until you pay the fine or otherwise deal with the ticket.

If you ignore or forget a violation ticket

If you ignore a violation ticket and don’t pay the fine or dispute the ticket within 30 days, you will be automatically convicted. If you had planned to dispute the ticket, but could not do so (and it wasn’t your fault), you can go to the Provincial Court registry and ask to have your case go ahead.

If you want to fight the charge

If you want to fight the charge and you received an appearance notice or summons, see our information on defending yourself against a criminal charge.

If you received a violation ticket, you can dispute the ticket. You have 30 days from the date of the offence to dispute the ticket.

You can dispute the ticket in person or by mail. We explain the details in our information on traffic tickets.

A hearing date will be set. At your hearing, the police officer who stopped you will testify (tell the court what happened). You will get a chance to question the officer. After, you can choose to testify yourself. You may also call other witnesses. A judicial justice will decide whether you’re guilty or not guilty. Our information on traffic tickets explains the process more fully.

If you’re found guilty of driving without insurance

After a hearing or trial on a charge of driving without insurance, if you are found guilty, the court can fine you any amount from $300 to $2,000 (instead of the usual $598 fine). The court can prohibit you from driving for a certain time.

Although the court could send you to jail for up to six months, it would be extremely rare and only if you had many convictions for the same offence.

If you have a good driving record, tell the court, because this may help you get a lesser penalty.

Get help

With more information

The Provincial Court of BC website includes a “Guide to Disputing a Ticket”.

The ICBC website explains how to dispute a ticket and pay fines.

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