CanadaCan my insurance company deny my claim if I was speeding at the time of the accident?
Yes, your insurance company may deny your claim if you were speeding, especially if the speeding violated the law or your policy’s terms — but denial is not automatic and depends on factors like causation and policy wording.
What the Law Says
Insurance companies in Canada cannot arbitrarily deny claims — they must follow provincial insurance legislation and the terms of your policy. Denial based on speeding is only valid if the policy clearly excludes coverage for illegal or reckless driving, and if the speeding directly caused or contributed to the loss.
Under the Insurance Act (Ontario), s. 128, an insurer may void a contract or deny a claim if the insured has committed fraud or made a material misrepresentation — but mere speeding alone does not meet that threshold.
However, most auto policies include exclusions for losses arising from 'illegal acts' or 'intentional or criminal conduct'. Speeding becomes relevant if it rises to the level of 'stunt driving' under s. 249.1(1) of the Criminal Code, which includes driving 50 km/h or more over the speed limit.
Crucially, courts require insurers to prove that the excluded conduct (e.g., excessive speeding) was the proximate cause of the loss — not just present at the time.
Statutory TextNo insurer shall refuse to pay a claim on the ground that the insured has breached a condition of the contract unless the breach is related to the subject-matter of the claim.
— Insurance Act, R.S.O. 1990, c. I.8, s. 128(1) — Duty to pay claims
Statutory TextEvery one who engages in stunt driving is guilty of an offence and liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
— Criminal Code, R.S.C. 1985, c. C-46, s. 249.1(1) — Stunt driving
What Courts Have Said
Courts across Canada have consistently held that insurers bear the burden of proving both the existence of a valid exclusion and its causal connection to the loss.
The Court confirmed that exclusions in insurance contracts must be clear, unambiguous, and strictly construed against the insurer; vague or overly broad exclusions will not be enforced.
Reaffirmed that where policy language is ambiguous, courts interpret it in favour of the insured; insurers must show the excluded conduct directly caused the loss, not merely coincided with it.
What to Do
Review your auto insurance policy carefully — locate any exclusions related to illegal driving or criminal acts.
Obtain a copy of the police report to confirm whether speeding was cited and whether it met the threshold for stunt driving (e.g., ≥50 km/h over limit).
Gather evidence showing the accident would have occurred regardless of speed (e.g., sudden brake failure, another driver’s red-light violation).
If your claim is denied, request written reasons citing the specific policy clause and factual basis — then contact your provincial insurance regulator (e.g., FSRA in Ontario) for assistance.
Consider consulting a lawyer experienced in insurance disputes — especially if the insurer relies on ambiguous wording or fails to prove causation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.