R.R.O. 1990, REGULATION 668
FAULT DETERMINATION RULES
Consolidation Period: From December 31, 1990 to the e-Laws currency date.
No amendments.
This Regulation is made in English only.GENERAL
1. In this Regulation, “centre line” of a roadway means,
(a) a single or double, unbroken or broken line marked in the middle of the roadway, or
(b)
if no line is marked, the middle of the roadway or that portion of the
roadway that is not obstructed by parked vehicles, a snowbank or some
other object blocking traffic. R.R.O. 1990, Reg. 668, s. 1.
2.
(1) An insurer shall determine the degree of fault of its insured for
loss or damage arising directly or indirectly from the use or operation
of an automobile in accordance with these rules. R.R.O. 1990, Reg.
668, s. 2 (1).
(2) The diagrams in this Regulation are merely
illustrative of the situations described in these rules. R.R.O. 1990,
Reg. 668, s. 2 (2).
3. The degree of fault of an insured is determined without reference to,
(a)
the circumstances in which the incident occurs, including weather
conditions, road conditions, visibility or the actions of pedestrians;
or
(b) the location on the insured’s automobile of the point of
contact with any other automobile involved in the incident. R.R.O.
1990, Reg. 668, s. 3.
4. (1) If more than one rule
applies with respect to the insured, the rule that attributes the least
degree of fault to the insured shall be deemed to be the only rule that
applies in the circumstances. R.R.O. 1990, Reg. 668, s. 4 (1).
(2)
Despite subsection (1), if two rules apply with respect to an incident
involving two automobiles and if under one rule the insured is 100 per
cent at fault and under the other the insured is not at fault for the
incident, the insured shall be deemed to be 50 per cent at fault for
the incident. R.R.O. 1990, Reg. 668, s. 4 (2).
5. (1)
If an incident is not described in any of these rules, the degree of
fault of the insured shall be determined in accordance with the
ordinary rules of law. R.R.O. 1990, Reg. 668, s. 5 (1).
(2) If
there is insufficient information concerning an incident to determine
the degree of fault of the insured, it shall be determined in
accordance with the ordinary rules of law unless otherwise required by
these rules. R.R.O. 1990, Reg. 668, s. 5 (2).
RULES FOR AUTOMOBILES TRAVELLING IN THE SAME DIRECTION AND LANE
6.
(1) This section applies when automobile “A” is struck from the rear
by automobile “B”, and both automobiles are travelling in the same
direction and in the same lane. R.R.O. 1990, Reg. 668, s. 6 (1).
(2)
If automobile “A” is stopped or is in forward motion, the driver of
automobile “A” is not at fault and the driver of automobile “B” is 100
per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 6 (2).
(3)
If automobile “A” is turning, either to the right or to the left, in
order to enter a side road, private road or driveway, the driver of
automobile “A” is not at fault and the driver of automobile “B” is 100
per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 6 (3).
(4)
If automobile “A” is in forward motion and is entering a parking place
on either the right or the left side of the road, the driver of
automobile “A” is not at fault and the driver of automobile “B” is 100
per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 6 (4).
7.
(1) This section applies when automobile “A” collides with automobile
“B” while automobile “B” is entering a road from a parking place,
private road or driveway. R.R.O. 1990, Reg. 668, s. 7 (1).
(2)
If the incident occurs when automobile “B” is leaving a parking place
and automobile “A” is passing the parking place, the driver of
automobile “A” is not at fault and the driver of automobile “B” is 100
percent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 7 (2).
(3)
If the incident occurs when automobile “B” is entering a road from a
private road or a driveway and automobile “A” is passing the private
road or driveway and, if there are no traffic signals or signs, the
driver of automobile “A” is not at fault and the driver of automobile
“B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 7 (3).
8.
If automobile “A” collides with automobile “B” on a controlled access
road while automobile “B” is entering the road from an entrance lane,
the driver of automobile “A” is not at fault and the driver of
automobile “B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 8.
9.
(1) This section applies with respect to an incident involving three
or more automobiles that are travelling in the same direction and in
the same lane (a “chain reaction”). R.R.O. 1990, Reg. 668, s. 9 (1).
(2)
The degree of fault for each collision between two automobiles involved
in the chain reaction is determined without reference to any related
collisions involving either of the automobiles and another automobile.
R.R.O. 1990, Reg. 668, s. 9 (2).
(3) If all automobiles
involved in the incident are in motion and automobile “A” is the
leading vehicle, automobile “B” is second and automobile “C” is the
third vehicle,
(a) in the collision between automobiles “A” and
“B”, the driver of automobile “A” is not at fault and the driver of
automobile “B” is 50 per cent at fault for the incident;
(b) in the
collision between automobiles “B” and “C”, the driver of automobile “B”
is not at fault and the driver of automobile “C” is 100 per cent at
fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 9 (3).
(4) If only automobile “C” is in motion when the incident occurs,
(a) in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and
(b)
in the collision between automobiles “B” and “C”, the driver of
automobile “B” is not at fault and the driver of automobile “C” is 100
per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 9 (4).
RULES FOR AUTOMOBILES TRAVELLING IN THE SAME DIRECTION IN ADJACENT LANE
10.
(1) This section applies when automobile “A” collides with automobile
“B”, and both automobiles are travelling in the same direction and in
adjacent lanes. R.R.O. 1990, Reg. 668, s. 10 (1).
(2) If
neither automobile “A” nor automobile “B” changes lanes, and both
automobiles are on or over the centre line when the incident (a
“sideswipe”) occurs, the driver of each automobile is 50 per cent at
fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (2).
(3) If the location on the road of automobiles “A” and “B” when the
incident (a “sideswipe”) occurs cannot be determined, the driver of
each automobile is 50 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (3).
(4) If the incident occurs when automobile “B” is changing lanes,
the driver of automobile “A” is not at fault and the driver of
automobile “B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (4).
(5) If the incident occurs when automobile “A” is
turning left at an intersection and automobile “B” is overtaking
automobile “A” to pass it, the driver of automobile “A” is 25 per cent
at fault and the driver of automobile “B” is 75 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (5).
(6) If the incident occurs when automobile “A” is turning left at a
private road or a driveway and automobile “B” is overtaking automobile
“A” to pass it, the driver of each automobile is 50 per cent at fault
for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (6).
(7) If
the incident occurs when automobile “A” is turning left at a private
road or a driveway and automobile “B” is passing one or more
automobiles stopped behind automobile “A”, the driver of automobile “A”
is not at fault and the driver of automobile “B” is 100 per cent at
fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 10 (7).
11. (1) This section applies with respect to an incident involving
three or more automobiles that are travelling in the same direction and
in adjacent lanes (a “pile-up”). R.R.O. 1990, Reg. 668, s. 11 (1).
(2) For each collision between two automobiles involved in the
pile-up, the driver of each automobile is 50 per cent at fault for the
incident.
Diagram
R.R.O. 1990, Reg. 668, s. 11 (2).
RULES FOR AUTOMOBILES TRAVELLING IN OPPOSITE DIRECTIONS
12. (1) This section applies when automobile “A” collides with
automobile “B”, and the automobiles are travelling in opposite
directions and in adjacent lanes. R.R.O. 1990, Reg. 668, s. 12 (1).
(2) If neither automobile “A” nor automobile “B” changes lanes and
both automobiles are on or over the centre lane when the incident (a
“sideswipe”) occurs, the driver of each automobile is 50 per cent at
fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 12 (2).
(3) If the location on the road of automobiles “A” and “B” when the
incident (a “sideswipe”) occurs cannot be determined, the driver of
each automobile is 50 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 12 (3).
(4) If automobile “B” is over the centre line of the road when the
incident occurs, the driver of automobile “A” is not at fault and the
driver of automobile “B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 12 (4).
(5) If automobile “B” turns left into the path of automobile “A”, the
driver of automobile “A” is not at fault and the driver of automobile
“B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 12 (5).
(6) If automobile “B” is leaving a parking place or is entering the
road from a private road or driveway, and if automobile “A” is
overtaking to pass another automobile when the incident occurs, the
driver of automobile “A” is not at fault and the driver of automobile
“B” is 100 per cent at fault for the incident.
Diagram
R.R.O. 1990, Reg. 668, s. 12 (6).
RULES FOR AUTOMOBILES IN AN INTERSECTION13. (1) This section applies with respect to an incident that occurs
at an intersection that does not have traffic signals or traffic
signs. R.R.O. 1990, Reg. 668, s. 13 (1).
(2) If automobile “A”
enters the intersection before automobile “B”, the driver of automobile
“A” is not at fault and the driver of automobile “B” is 100 per cent at
fault for the incident. R.R.O. 1990, Reg. 668, s. 13 (2).
(3)
If automobiles “A” and “B” enter the intersection at the same time and
automobile “A” is to the right of automobile “B” when in the
intersection, the driver of automobile “A” is not at fault and the
driver of automobile “B” is 100 per cent at fault for the incident.
R.R.O. 1990, Reg. 668, s. 13 (3).
(4) If it cannot be
established whether automobile “A” or “B” entered the intersection
first, the driver of each automobile shall be deemed to be 50 per cent
at fault for the incident. R.R.O. 1990, Reg. 668, s. 13 (4).
14. (1) This section applies with respect to an incident that occurs
at an intersection with traffic signs. R.R.O. 1990, Reg. 668, s. 14
(1).
(2) If the incident occurs when the driver of automobile
“B” fails to obey a stop sign, yield sign or a similar sign or flares
or other signals on the ground, the driver of automobile “A” is not at
fault and the driver of automobile “B” is 100 per cent at fault for the
incident. R.R.O. 1990, Reg. 668, s. 14 (2).
(3) If the driver
of each automobile fails to obey a stop sign, the driver of each
automobile is 50 per cent at fault for the incident. R.R.O. 1990, Reg.
668, s. 14 (3).
(4) If it cannot be established who failed to
obey a stop sign, the driver of each automobile shall be deemed to be
50 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 14
(4).
(5) If, at an all-way stop intersection, automobile “A”
arrives at the intersection first and stops, the driver of automobile
“A” is not at fault and the driver of automobile “B” is 100 per cent at
fault for the incident. R.R.O. 1990, Reg. 668, s. 14 (5).
(6)
If, at an all-way stop intersection, both automobiles arrive at the
intersection at the same time and stop, with automobile “A” to the
right of automobile “B”, the driver of automobile “A” is not at fault
and the driver of automobile “B” is 100 per cent at fault for the
incident. R.R.O. 1990, Reg. 668, s. 14 (6).
(7) If it cannot
be established who arrived at the all-way stop intersection first, the
driver of each automobile shall be deemed to be 50 per cent at fault
for the incident. R.R.O. 1990, Reg. 668, s. 14 (7).
15. (1)
This section applies with respect to an incident that occurs at an
intersection with traffic signals. R.R.O. 1990, Reg. 668, s. 15 (1).
(2) If the driver of automobile “B” fails to obey a traffic signal,
the driver of automobile “A” is not at fault and the driver of
automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990,
Reg. 668, s. 15 (2).
(3) If it cannot be established whether
the driver of either automobile failed to obey a traffic signal, the
driver of each automobile shall be deemed to be 50 per cent at fault
for the incident. R.R.O. 1990, Reg. 668, s. 15 (3).
(4) If the
traffic signals at the intersection are inoperative, the degree of
fault of the drivers shall be determined as if the intersection were an
all-way stop intersection. R.R.O. 1990, Reg. 668, s. 15 (4).
RULES FOR AUTOMOBILES IN PARKING LOTS16. (1) This section applies with respect to incidents in parking lots. R.R.O. 1990, Reg. 668, s. 16 (1).
(2) The degree of fault of a driver involved in an incident on a
thoroughfare shall be determined in accordance with this Regulation as
if the thoroughfare were a road. R.R.O. 1990, Reg. 668, s. 16 (2).
(3) If automobile “A” is leaving a feeder lane and fails to yield the
right of way to automobile “B” on a thoroughfare, the driver of
automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (3).
(4) If automobile “A” is leaving a parking space and fails to yield
the right of way to automobile “B” on a feeder lane or a thoroughfare,
the driver of automobile “A” is 100 per cent at fault and the driver of
automobile “B” is not at fault for the incident. R.R.O. 1990, Reg.
668, s. 16 (4).
(5) In this section, “feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).
RULES FOR OTHER CIRCUMSTANCES17. (1) If automobile “A” is parked when it is struck by automobile
“B”, the driver of automobile “A” is not at fault and the driver of
automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990,
Reg. 668, s. 17 (1).
(2) If automobile “A” is illegally parked,
stopped or standing when it is struck by automobile “B” and if the
incident occurs outside a city, town or village, the driver of
automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (2).
18. The driver of automobile “A” is 100 per cent at fault and the
driver of automobile “B” is not at fault for an incident in which
automobile “A” collides with automobile “B” when the driver of
automobile “A” fails to obey,
(a) a police officer’s direction;
(b) a do not enter sign;
(c) a prohibited passing sign; or
(d) a prohibited turn sign. R.R.O. 1990, Reg. 668, s. 18.
19. The driver of automobile “A” is 100 per cent at fault and the
driver of automobile “B” is not at fault for an incident that occurs,
(a) when automobile “A” is backing up;
(b) when automobile “A” is making a U-turn; or
(c) when the driver of, or a passenger in, automobile “A” opens the
automobile door or leaves the door open. R.R.O. 1990, Reg. 668, s. 19.
RULES WHEN A DRIVER IS CHARGED WITH A DRIVING OFFENCE
20. (1) For the purposes of this Regulation, a driver is considered to be charged with a driving offence,
(a) if, as a result of the incident, the driver is charged with
operating the automobile while his or her ability to operate the
automobile was impaired by alcohol or a drug;
(b) if, as a
result of the incident, the driver is charged with driving while his or
her blood alcohol level exceeded the limits permitted by law;
(c) if, as a result of the incident, the driver is charged with an
indictable offence related to the operation of the automobile;
(d) if the driver, as a result of the incident, is asked to provide
a breath sample and he or she is charged with failing or refusing to
provide the sample;
(e) if, as a result of the incident, the
driver is charged with exceeding the speed limit by sixteen or more
kilometres per hour. R.R.O. 1990, Reg. 668, s. 20 (1).
(2) The
degree of fault of the insured shall be determined in accordance with
the ordinary rules of law, and not in accordance with these rules,
(a) if the driver of automobile “A” involved in the incident is charged with a driving offence; and
(b) if the driver of automobile “B” is wholly or partly at fault,
as otherwise determined under these rules, for the incident. R.R.O.
1990, Reg. 668, s. 20 (2).
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