Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

A-25 - Automobile Insurance Act

Section 149
Disposition versions

Full text
149. The following persons shall not make a claim to the Société:
(1)  the insurer, the Government, its agents and mandataries of the State, legal persons or partnerships;
(2)  the person who sustains damage in an accident occurring by reason of a contest, show, race, open trial, demonstration or exhibition involving one or more automobiles on a track or land that is permanently or temporarily closed to all other automobile traffic or inside a building, with regard to damage caused by an automobile participating in the contest, show, race, open trial, demonstration or exhibition;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title;
(5)  a person who is insured against the damage sustained;
(6)  the owner of an automobile for damage to the automobile or, where applicable, to other property if, at the time of the accident,
— the owner was driving the automobile while under a sanction within the meaning of section 106.1 of the Highway Safety Code (chapter C-24.2) or without the licence required by section 65 of that Code;
— the owner, in contravention of section 84, did not have a liability insurance contract guaranteeing compensation for property damage caused by an automobile;
— the automobile was not registered or the duties provided for in section 31.1 of the Highway Safety Code were unpaid.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10; 1990, c. 19, s. 11; 1999, c. 40, s. 26; 1999, c. 22, s. 30; 2008, c. 14, s. 108; 2018, c. 7, s. 175.
149. The following persons shall not make a claim to the Société:
(1)  the insurer, the Government, its agents and mandataries of the State, legal persons or partnerships;
(2)  the person who sustains damage in an accident occurring by reason of an automobile contest, show or race on a track or land that is permanently or temporarily closed to all other automobile traffic, with regard to damage caused by an automobile participating in the race, contest or show;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title;
(5)  a person who is insured against the damage sustained;
(6)  the owner of an automobile for damage to the automobile or, where applicable, to other property if, at the time of the accident,
— the owner was driving the automobile while under a sanction within the meaning of section 106.1 of the Highway Safety Code (chapter C-24.2) or without the licence required by section 65 of that Code;
— the owner, in contravention of section 84, did not have a liability insurance contract guaranteeing compensation for property damage caused by an automobile;
— the automobile was not registered or the duties provided for in section 31.1 of the Highway Safety Code were unpaid.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10; 1990, c. 19, s. 11; 1999, c. 40, s. 26; 1999, c. 22, s. 30; 2008, c. 14, s. 108.
149. The following persons shall not make a claim to the Société:
(1)  the insurer, the Government, its agents and mandataries of the State, legal persons, partnerships and any person exempted by the Société under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an accident occurring by reason of an automobile contest, show or race on a track or land that is permanently or temporarily closed to all other automobile traffic, with regard to damage caused by an automobile participating in the race, contest or show;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title;
(5)  a person who is insured against the damage sustained;
(6)  the owner of an automobile for damage to the automobile or, where applicable, to other property if, at the time of the accident,
— the owner was driving the automobile while under a sanction within the meaning of section 106.1 of the Highway Safety Code (chapter C-24.2) or without the licence required by section 65 of that Code;
— the owner, in contravention of section 84, did not have a liability insurance contract guaranteeing compensation for property damage caused by an automobile;
— the automobile was not registered or the duties provided for in section 31.1 of the Highway Safety Code were unpaid.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10; 1990, c. 19, s. 11; 1999, c. 40, s. 26; 1999, c. 22, s. 30.
149. The following persons shall not make a claim to the Société:
(1)  the insurer, the Government, its agents and mandataries of the State, and any person exempted by the Société under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an accident occurring by reason of an automobile contest, show or race on a track or land that is permanently or temporarily closed to all other automobile traffic, with regard to damage caused by an automobile participating in the race, contest or show;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10; 1990, c. 19, s. 11; 1999, c. 40, s. 26.
149. The following persons shall not make a claim to the Société:
(1)  the insurer, the Government, agents and mandataries of the Government, and any person exempted by the Société under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an accident occurring by reason of an automobile contest, show or race on a track or land that is permanently or temporarily closed to all other automobile traffic, with regard to damage caused by an automobile participating in the race, contest or show;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10; 1990, c. 19, s. 11.
149. The following persons shall not make a claim to the Régie:
(1)  the insurer, the Government, agents and mandataries of the Government, and any person exempted by the Régie under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an accident occurring by reason of an automobile contest, show or race on a track or land that is permanently or temporarily closed to all other automobile traffic, with regard to damage caused by an automobile participating in the race, contest or show;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1989, c. 15, s. 10.
149. The following persons shall not make a claim to the Régie:
(1)  the insurer, the Government, agents and mandataries of the Government, and any person exempted by the Régie under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an automobile race or speed contest on a track that is, permanently or temporarily, closed to all other automobile traffic, with regard to damage caused by an automobile engaged in the race or contest;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title.
1977, c. 68, s. 149; 1977, c. 5, s. 14; 1982, c. 59, s. 69.
149. The following persons shall not make a claim to the Fonds d’indemnisation:
(1)  the insurer, the Government, agents and mandataries of the Government, and any person exempted by the Fonds d’indemnisation under section 102 from taking out liability insurance;
(2)  the person who sustains damage in an automobile race or speed contest on a track that is, permanently or temporarily, closed to all other automobile traffic, with regard to damage caused by an automobile engaged in the race or contest;
(3)  for the objects which, at the time of the accident, were transported in the automobile of the debtor, the owner of them;
(4)  persons domiciled in a state, province or territory where persons residing in Québec do not enjoy rights equivalent to those granted by this title.
1977, c. 68, s. 149; 1977, c. 5, s. 14.
© Gouvernement du Québec