When both drivers believe they are not at fault, determining liability can be tricky. Luckily, insurers in Ontario must determine fault under regulations called the Fault Determination Rules. Using diagrams for different types of accidents and any available evidence, insurers will apportion a degree of fault to each driver involved.
For this guide, we reviewed Ontario’s Fault Determination Rules and FSRA’s post-accident claims guidance.
Coming up: how fault is determined in an Ontario vehicle collision, the difference between fault and accident benefits, the kinds of evidence considered and what to do if you disagree with your insurance company’s fault determination.
How Is Fault Assigned After an Ontario Car Accident?
After a vehicle collision in Ontario, insurers determine fault by matching the circumstances of your collision to the situations laid out in the Fault Determination Rules. Your insurer may assign any percentage of fault from 0% to 100%.
Being charged by the police will not determine who is at fault. If you disagree with the fault determination, ask for the rule or rules applied, the diagram and the evidence considered. Follow your insurer’s complaints process.
Not all aspects of a claim are affected by a finding of fault. You may still be eligible for accident benefits regardless of fault. Fault can affect collision and DCPD coverage and deductibles.
If you’re unhappy with the decision, ask the adjuster what section and diagram from Regulation 668 they applied. Ask for the evidence used to make the decision in writing. If there’s missing evidence, correct it. If you’re still unhappy, use the insurance company’s complaints process.
Since January 2024, Ontario drivers have been able to opt out of DCPD by signing OPCF 49. Your policy declarations identify whether this endorsement applies.
Read More: Steps to Take After an Accident in Ontario
The Tech Factor: How Dashcams and Telematics Are Changing the Game
Keep an unaltered copy of the video, note important timestamps and send it to the insurer if requested. While video can help establish the facts of an incident, it cannot override the Fault Determination Rules.
Dashcam video may support or contradict a driver’s account after an accident, but it is not a substitute for obeying traffic laws, driving defensively or carrying auto insurance.
Read More: How Dashcams Can Speed Up Insurance Claims