Some have compared going through a motor vehicle accident case in Ontario akin to having a car crash, every day—for a year. This is why we created this article about how insurance companies assess motor vehicle accident fault, to take the exhaustion out of the process by giving you some much-needed help.
Who is At-Fault?
When it comes to how insurance companies assess motor vehicle accidents it comes down to ‘fault’. In two- or multi-party motor vehicle accidents it is necessary to determine who is at fault, and there is always a fault determination. Fault can be assigned as ‘partial-‘ or ‘full-fault’, and can be assigned to one, or both, parties. When determining at-fault decisions, insurance companies follow the Fault Determination Rules set out in the Insurance Act, which can be found here. These regulations were put in place to provide a framework for determining parties at-fault, which ensures prompt, fair handling and consistent overall treatment.
What Elements are Considered in the Fault Determination Rules?
Once a claim is submitted to an insurance company, they consider the following elements from the Fault Determination Rules:
Over 40 accident scenarios based on illustrated aids outlining specific occurrences that may be applied to most every road-collision situation.
Are applied as-is, not taking into concern elements including: road, visibility, point-of-impact, pedestrian, weather or other conditions
In rare cases where a specific accident scenario is not addressed in the Fault Determination Rules then the fault is weighed according to the standard rules of negligence law.
What Happens if I am Determined to be At-Fault?
The person or persons determined to be at-fault to an excess of 25%+ will see an adjustment in their insurance premiums.
What Do I Do Now?
If you are determined to be at-fault but feel this is inaccurate you may need to escalate your dispute/claim to the courts in order to resolve the matter. Should you find yourself in this situation, call us, Conte & Associates – your experienced personal injury lawyers in Whitby & Oshawa.
