When is a person NOT entitled to accident benefits?
An insurer is not required to pay an income replacement benefit, a non-earner benefit, benefits for lost educaiton or visitors expenses in respect of a person who was the driver of an automobile at the time of the accident  (i) if the driver knew or ought reasonably to have known that he or she was operating the automobile while it was not insured under a motor vehicle liability policy, (ii) if the driver was driving the automobile without a valid driver’s licence, (iii) if the driver is an excluded driver under the contract of automobile insurance, or (iv) if the driver knew or ought reasonably to have known that he or she was operating the automobile without the owner’s consent. In addition, if a person was engaged in an act for which the person is convicted of a criminal offence, or was an occupant of an automobile that was being used in connection with an act for which the person is convicted of a criminal offence – accident benefit coverage may not be available.