Can Judgment Recovery respond to an accident involving an uninsured driver where the accident occurs off the highway?

Newfoundland and Labrador, Canada


The following excerpt is from Roberts v. Closen, 1998 CanLII 18097 (NL CA):

Thus, Judgment Recovery can be made to respond, as Hamilton v. Edgett and Shields demonstrates, where an accident involving an uninsured driver occurs off the highway because, if that driver had been insured, the coverage statutorily required by the automobile insurance legislation covers such situations. The fact that s. 75(1) only prohibits a person from operating a vehicle "on a highway" unless there is in force a policy of insurance does not matter because, once highway operation is contemplated and undertaken, the type of insurance that is statutorily mandated under the Automobile Insurance Act covers off-highway driving as well. It would not therefore be open to Judgment Recovery to resist liability solely because the prohibition against driving without insurance is limited to driving on a highway

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