Even though Ontario has a “no-fault”insurance system in place, it doesn’t mean that insurance companies no longer care which driver was responsible for causing an accident. It still matters which driver is at fault, and there are consequences if you are found fully or partially responsible for an accident. The incident goes onto your insurance record and you will have to pay a penalty, which can include higher premiums for your coverage.
What is No-Fault Auto Insurance?
No-fault auto insurance means that if you need to make a claim for health care and financial replacement benefits after an accident, your own insurance company pays it. Your own insurer also pays for damage to your vehicle. This is a much quicker process than having to sue the other driver through his or her insurance company (once the insurance companies determined who was at fault) and wait for a settlement or go to court to get money for your claim.
How Insurance Companies Determine who is at Fault
Insurance companies always find that someone is at fault when an accident occurs. It’s possible for each driver involved in the accident to be found partially at fault for the accident. This doesn’t mean that each driver will be held 50 percent at fault; a determination will be made about degree of responsibility in each situation.
In Ontario, rules and charts are used to determine who is at fault for property damage claims, but not for injury claims. These fault determination rules are determined by the government and set out in regulations, which contain examples of different kinds of collisions and set out how fault is assigned in each situation for insurance purposes. When an accident is reported, the insurance company conducts an investigation and makes a determination about who is at fault based on the rules
Fault determination rules are very detailed and
- use diagrams to illustrate more than 40 different accident scenarios
- can be applied to almost every road accident scenario
- apply equally no matter what type of weather conditions, visibility, or point of impact to the vehicles was involved.
Have you been involved in an auto accident and you need help with a personal injury claim? Contact Conte & Associates Personal Injury Law Firm toll-free at 1-877-614-0008.
