Valid Motorcycle Insurance

jcthompson3
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Valid Motorcycle Insurance

Unread post by jcthompson3 on

I have my Ontario registered motorcycle in Florida and have it insured by Progressive Insurance and plan to drive it back to Ontario soon. Spoke to Progressive agent regarding whether or not I would still have valid insurance while riding in Ontario and was told "yes, no problem". However when I search the Ontario MOT sites and other Govt sites I cannot find any relevant info on whether the OPP will find it valid if stopped. Can anyone advise on this topis please.


jsherk
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Unread post by jsherk on

If it has an Ontario license plate on it and you have an Ontario drivers license, then it is possible that you could be charged for not having insurance if the insurance coverage you have does not meet the Ontario minimums.

Probably the Compulsory Automobile Insurance Act is the one you want to read thru.
+++ This is not legal advice, only my opinion +++


jcthompson3
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Unread post by jcthompson3 on

I read the Compulsory Automobile Insurance Act but really could not find anything that would relate. All it referred to was that the insurance and the slip had to be in a form that was approved by the Superintendent. But then there was nothing detailed that specified what was or was not approved.


Whenaxis
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Unread post by Whenaxis on

According to the Compulsory Automobile Act,
"'automobile insurance' means insurance against liability arising out of bodily injury to or the death of a person or loss of or damage to property caused by a motor vehicle or the use or operation thereof, and which,
(a) insures at least to the limit required by section 251 of the Insurance Act,
(b) provides the statutory accident benefits set out in the Statutory Accident Benefits Schedule under the Insurance Act, and
(c) provides the benefits prescribed under section 265 of the Insurance Act;"

These two pieces of legislation (sections 251 and 265 of the Insurance Act, and the Statutory Accident Benefits Schedule) are much too long to post directly on this forum, so I will attach a link if you would like to review them.

Insurance Act: https://www.ontario.ca/laws/statute/90i08

Statutory Accident Benefits Schedule:
https://www.ontario.ca/laws/regulation/r15251
https://www.ontario.ca/laws/regulation/100034


jcthompson3
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Unread post by jcthompson3 on

Thank you for posting that, very informative. From what I read though my USA Insurance seems to cover all those monetary bases as far as amounts and categories covered but I'm sure somewhere there is a clause that states that the insurance provider must be canadian however I cannot find that.


jsherk
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Unread post by jsherk on

In Ontario we are FORCED to pay for Accident Benefits as well as Liability insurance. My insurance would go down by 45% if I did not have to pay for Accident Benefits that I do not want.

Anyways I will suggest that your USA insurance provider is probably NOT meeting the Accident Benefit requirement, if they do not regualary insure Ontario drivers and Ontario vehicles in Ontario.

It is fine for a non-Ontario vehicle to be insured to the non-Ontario standards. But since it is an Ontario vehicle it has to meet the Ontario standard.
+++ This is not legal advice, only my opinion +++


DCamM
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Unread post by DCamM on

I'm no expert, but .....

Your USA insurance provider probably issued your policy based upon the rating area that you live in (US address).

You may void the policy if you fail to notify them that you have moved out of that rating area.

At that point, they may cancel your policy because you are now living in a rating area that they don't insure in (Canada).

I would read the fine print or talk to the agent that sold you the policy.
***I am not a lawyer, I have no legal qualifications and my opinions could well be wrong***.


QBall
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Unread post by QBall on

Section 2 (2) of the Compulsory Automobile Insurance Act (CAIA) states:
For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act, “contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer.
Section 7(7) of the Ontario Highway Traffic Act states:
The Ministry may issue a permit of any prescribed class, number plates and evidence of validation to any person who meets the requirements of this Act and the regulations.
The definition of "insurer" under the CAIA states:
“insurer” means an insurer licensed under the Insurance Act and carrying on the business of automobile insurance, but does not include an insurer whose licence is limited to contracts of reinsurance

Therefore if you have a vehicle with an Ontario registration that vehicle must be insured with an insurer licensed under the Ontario Insurance Act (OIA). As Progressive Insurance is not registered under the OIA you are in violation of the CAIA. Either register the vehicle in Florida or insure the vehicle with an Ontario insurer before that vehicle sets foot in Ontario.






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