just wondering, what happens if I get hit or a love one gets killed or maimed or seriously injured, by a person who drives "knowingly" with no insurance, and on a suspended license,
Every Ontario auto insurance policy must include "Uninsured Motorist Coverage" (as per section 265
of the Insurance Act
and regulation 676
. The government has mandated this to spread the damages caused by uninsured individuals to be shared amongst all insurance policy holders.
So, if you get hit by someone with no insurance, YOUR insurance policy provides coverage. The maximum benefit is $200,000 shared amongst ALL plaintiffs. That means that if there are passengers in your car, you ALL share in the $200,000. That could mean peanuts for everyone. Of course, you can always customize your own policy and pay additional premiums to increase that maximum, but very few people actually do that.
There IS one really dumb catch though----insurers do not have to pay ANYTHING under the uninsured provision if the victim can recover under another third party auto insurance policy. So, for example, if there is a 3 car accident whereby the most at fault (99% at fault) was the uninsured person and the court determines car 2 was only 1% at fault, you'd only be able to collect 1% of your losses since your insurer would NOT pay anything out under the 'uninsured motorist coverage' provision. This has become known as the 1% rule in case law. The only way to collect under the uninsured motorist coverage is if you are not entitled to any other auto insurance coverage. Stupid, I know!
Of course, this doesn't negate the victim's ability to still sue the 'uninsured' person personally. So, a person could go after the defendant's personal property, assets, and future income including retirement pension income. Its costly litigation but a great way to ensure the selfish fool who chose not to get insurance is made to pay for the rest of their life. And if you have a very good lawyer, they'll also be sure to go after any inheritance the defendant will collect plus any benefits his estate might receive. In other words, don't stop till you squeeze every ounce of that lemonhead's money---dead or alive!