Aviator

It would in BC
http://www.icbc.com/autoplan/basic/not-cover

jericho

The link you posted says "may not cover you"...
Saying what might/might not happen is not the same as what will/wont happen.

Isnt this what I've been saying all along- that it's not black and white ultimately a judge will decide if you're "qualified"?

Aviator

As far as insurance is concerned the 'may not' would be enough for me.

So a driver who has their license suspended and then drives while suspended has an accident, goes to court and the judge says 'go take a test to see if you are qualified to drive and then come back and see me'
How many time has this happened? Any case law come to mind?

It is up to the judge to decide if you were breaking the law or not and if so dish out the penalty. It is of no concern to the judge whether you are able to drive or not.

jericho

As mentioned earlier, the suspended license was a bad example. Your policy says you cant drive if your license has been suspended. However, in the event of an accident where you injure a third party, the company would pay out and then likely pursue you for a recovery.

To be honest, I've no idea how many times it's happened, but I'm sure there is case law somewhere. The licensed/qualified issue is discussed in the Chartered Insurance text book. I've got better things to do that spend my time making up arguments- this is just the way it works. Is it common? I suspect not. When I refer to the judge making a decision, this is in relation to disputes between the driver and the insurer. Any criminal case is a completely seperate matter.

Stop worrying about what the law is and start looking at what the policy says.
An example, to illustrate my point....

The Traffic Safety Act states that no person should drive a vehicle without being licensed to drive said vehicle..... on a highway. You can drive around all you like on your own property and not be breaking the law. However, if you have no license, and crash the vehicle on your own property, the insurers will likely want to know that you're able to drive even though you're not required to have a license.

johngrimes

Beer anybody?

Who's driving?