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Insurance Act – See Who Is Really At Fault After A Car Accident

June 13, 2014

R.R.O. 1990, REGULATION 668

Updated Jun 13/2014 – We’ve updated the accident scenarios in hope that people can get a better sense of who’s at fault in the many different situations. For all rules please visit the Insurance Bureau of Canada.

Fault Determination Rules

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.

O. Reg. 276/90, 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.
  2. The diagrams in this Regulation are merely illustrative of the situations described in these rules.

O. Reg. 276/90, s. 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.

O. Reg. 276/90, 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.
  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 percent 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.

O. Reg. 276/90, s. 4.

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.
  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.

O. Reg. 276/90, s. 5.


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.
  2.  

  3. 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 percent at fault for the incident.

    struck from the rear
    struck from the rear

  4. 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.

  5. 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.

    automobile “A” is in forward motion and is entering a parking place
    automobile “A” is in forward motion and is entering a parking place
    automobile “A” is in forward motion and is entering a parking place

O. Reg. 276/90, s. 6.

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.
  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.

    automobile
  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.

    automobile

O. Reg. 276/90, s. 7.

  
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.

automobile collides with automobile on a controlled access road
automobile collides with automobile on a controlled access road

O. Reg. 276/90, 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”).
  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.
  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.

  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.

O. Reg. 276/90, s. 9.


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.
  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.

  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.

  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.

  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.

  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.

  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.

O. Reg. 276/90, s. 10.

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”).
  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.

    incident involving three or more automobiles

O. Reg. 276/90, s. 11.


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.
  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.

  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.

  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.

  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.

  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.

O. Reg. 276/90, s. 12.


Rules for Automobiles in an Intersection

13.

  1. This section applies with respect to an incident that occurs at an intersection that does not have traffic signals or traffic signs.
  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.
  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.
  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.

O. Reg. 276/90, s. 13.

14.

  1. This section applies with respect to an incident that occurs at an intersection with traffic signs.
  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.
  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.
  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.
  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.
  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.
  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.

O. Reg. 276/90, s. 14.

15.

  1. This section applies with respect to an incident that occurs at an intersection with traffic signals.
  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.
  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.
  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.

O. Reg. 276/90, s. 15.

Rules for Automobiles in Parking Lots

16.

  1. This section applies with respect to incidents in parking lots.
  2. The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in ccordance with this Regulation as if the thoroughfare were a road.
  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.
  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.
  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.

O. Reg. 276/90, s. 16

Rules for Other Circumstances

17.

  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.
  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.

O. Reg. 276/90, s. 17.

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 police officer’s direction;
  • a do not enter sign;
  • a prohibited passing sign; or
  • a prohibited turn sign.

O. Reg. 276/90, 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,

  • when automobile “A” is backing up;
  • when automobile “A” is making a U-turn; or
  • when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open.

O. Reg. 276/90, 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.
  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.

O. Reg. 276/90, s. 20.

  • aida

    whos faul is when you loan your car to another person to drive and you are the passenger and he gets in accident should be the driver faul 100 percent.

  • rose

    who fault is it when two cars reverse out of their driveways (opposite each other) and collide rear end to rear end? Note 1 car was on the road 1st we can call car A. However car B reversed on the road 2nd but stop 1 second before impact and also beeped the horn.

  • Nick – InsuranceHotline.com

    Hello Rose,

    According to the “fault determination rules” in most provinces, the fault would be 50/50.

  • nikol

    If a car is stopped blocking a four way intersection without trafic lights and you stop at the crosswalk of one of the four ways, and slide into the back of the car. Who is at fault? If the car was not in the intersection you would naver have hit it..

  • Nick – InsuranceHotline.com

    Hi Nikol,

    In the majority of cases, anytime you rear-end a vehicle you are considered at fault.

  • amanda

    Hi
    Whose fault is it if Car A is at the traffic lights and the lights were green and it ddid nt pass but when the light turns orange its on the pedestian walking and the tyres infront have already passed the second white line when the back tyres are just after the second line and car B hits it onthe rear?

  • Shay

    My daughter was on a two way street and went to pass a vehicle because they came to sudden stop and then the car turned left into my daughters passenger side doorway damaging the side all the way down to the rear door. No signal to turn left was made according to my daughter and her friend who was in the car. Who is at fault?

  • marie

    Who is at fault: At traffic light when the lights turn red and one car comes throught the red light and the car in the intersection is turning left. They collided causing danage to the car that is turning left. Driver of the car that ran the red light apologised the the car in the intersection. When the police arrived the card that was in the intersection was charged, $120.and three points. There was two lanes and one of the cars stopped and one ran the light.
    it seem to me that the car that ran the red light should be also charged.

  • ron

    at a stopped controlled intersection by a light, the light turns green and I move into the interscetion waiting to make my left when all traffic clears from coming. Light turns yellow I wait, Now, I proceed BUT get hit half way to back of car. The other person must have been going (or matted it) trying to make the light… (SHOULD HAVE BEEN RED BY THE TIME HE ENTERS…. Would I be at total Fault …I needed to go as the light was STALE AMBER

  • Jodie

    Hi, who’s fault it is when your on a back road and car A us coming up a hill (on a back road only enough room for one car) and then stops as they can see car B coming down that hill, car B then steers his car into the hedge/bank to avoid a head on (as he didn’t stop in time), then car B is then leaning on its side against car A. When everyone’s out they’re cars, driver of car B gets out says sorry and says there was nothing there with his ABS. Looking up the road you can see his skid marks. Who’s fault is it?

  • Nathaniel

    My question stems from 7. It says if automobile b collides with automobile a when exiting from a private driveway than automobile b is at fault. What if automobile b came out of the spot and stopped and automobile a tried to go around it and collides with automobile b with its rear quarter pannel?

  • Nick – InsuranceHotline.com

    Hello Amanda,

    Accident fault is determined by rules set out in the insurance act. You can find those rules via the Insurance Bureau of Canada website: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Thank you.

  • Nick – InsuranceHotline.com

    Hello Shay,

    Accident fault is determined by rules set out in the insurance act. You can find those rules via the Insurance Bureau of Canada website: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Thank you.

  • Nick – InsuranceHotline.com

    Hello Marie,

    The fault determination rules can be found here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    In a case where there is a dispute, you are best to have any witnesses give their account of what happened.

    Thank you.

  • Nick – InsuranceHotline.com

    Hello Ron,

    You can find the fault determine rules via the IBC website. Here is the link: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Most of the time, the person making the left turn is the one who is considered at fault.

    Thank you.

  • Nick – InsuranceHotline.com

    Hello

    You can check the fault determination rules regarding this. The rules can be found on the Insurance Bureau of Canada website: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Thank you.

  • Nick – InsuranceHotline.com

    Hello Nathaniel,

    That may be a conversation that you would want to have with the insurance company adjuster. The fault determination rules are a guideline that insurance companies use however, it may be worth having the conversation.

    Thank you.

  • robert

    Hello i was in a car park and there was a car parkfed on my left he pulled out reversing the wrong way on a one way system i checked my mirrors and to my right which direction of traffic was coming and started to reverse when i bumped into the car that was parked beside me he was starting to proceed the wrong way down the one way system

  • Kelly

    Hi Nick – I have a situation I would like to run by you. My daughter was driving on an overpass for the 401. Another driver pulled out in front of her (did a rolling stop or did not stop). My daughter passed her to avoid a collision and the other driver did a u turn into an illegal parking lot. The other driver struck the front passenger wheel, causing my daughter to lose control. My daughter ended up in the ditch and my car is totalled. The only witness is a relative of the other driver. Can you please clarify who is at fault?

  • Bruce

    I slid on an icy road at a bend in the road and hit a pole. Charged with careless driving but the crown withdrew the charges for lack of evidence (none!) … Am I considered “At Fault” …. I was driving a company vehicle and my personal insurance company was not involved at all …

  • Adam

    Who is at fault if I was traveling on a Interstate and the car to my left swerved lost control collided with mine and force me off the road into a bunch of trees?

  • Merlin Calo

    If my car is initially at a stop sign, then turns and signals into non moving traffic due to a red light. Moves infront of a car to move into that traffic, then both cars move on green, yet my car gets hit by the other car. Who is at fault?

  • Marie

    Who is at fault If Car A is making a left and turns on a green light but stops just before the pedestrian walk because a pedestrian J walks. Then Car B on the other side of the streets stops due to car A to let them pass but Car C behind Car B hits Car B.

  • Rachelle

    In a parking lot, I was going through a lane that feed to the main street. Before that lane gets to the stop sign leading to the main street — it intersects the exit of the Walgreens pharmacy. The lady leaving the Walgreen’s pharmacy drive through was headed straight — accross my path. The next stop sign is PAST this intersection (about 10-20 feet). Neither the pharmacy lane nor my line had a stop sign at the crossing of this intersection. We hit each other. Is this my fault or her fault? We have not made a claim to the insurance yet.

  • Jenallyn

    Who is at fault when car A facing west, fully stopped, 3 or 4 parking spaces away from car B facing north that is backing up to exit the parking lot when suddenly the same car A started to backed up as well and rear hit the car B that is still backing up? Driver of car B is aware that car A is not moving,

  • Kathleen

    Hello, I made a right turn at a red traffic light. Already in motion (4 count) then car hits me from behind damaging my bumper on the driver side. Officer gave me the ticket (failure to yield at traffic light) Why?????? I was in motion

  • Woodall

    Reversing my car off the drive in to quiet culdesac manouver almost complete when neighbour drives behind me onto their drive but stopping short but they are off the road. whos at fault?

  • bheng

    We are sharing a parking spot and I parked a little bit farther from the wall (no lane inside the parking shed for determination) the other driver tried to parked ( I am not inside the car and my car was parked for the whole weekend) and she hit the post of the shed
    and hit the side of her car. Who is at fault?

  • Nick – InsuranceHotline.com

    Hello Woodall,

    You will have to speak with your insurance company who will determine fault. Here are some guidelines that may help: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Thank you.

  • Nick – InsuranceHotline.com

    Hello Jenallyn,

    Here are the fault determination rules that may be of help to you: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Nick – InsuranceHotline.com

    Hello,

    Here are the fault determination rules: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf. This should help you.

  • Nick – InsuranceHotline.com

    Hello Merlin,

    The fault determination rules are explained here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf. This should help.

  • Nick – InsuranceHotline.com

    Hello Adam,

    You will need to speak with your insurance company for exact fault determination. These rules may be of help to you: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf.

  • Nick – InsuranceHotline.com

    Hello Rachelle,

    Parking lot accidents generally cause the most confusion as to which driver is at fault in a given scenario. The fault determination in an accident depends on the specific details of each case, however there a few general rules to go by:

    1. If a driver who is in motion hits a parked car, the driver in motion is typically at fault. If you’re in motion, you must have control over your vehicle and should be able to avoid stationary objects, even those that are parked in inconvenient or illegal locations.

    2. Drivers entering a lane of traffic must yield to other cars. If you’re pulling out of your parking space to enter a lane of traffic, you must yield to other vehicles traveling in that lane. Also, as a general rule, drivers who are turning must yield to drivers travelling in a straight line. If you’re turning into a lane, you must yield to drivers who are already travelling in that lane.

    3. You can get a traffic ticket in a parking lot. Failure to stop at stop signs, collisions with other vehicles and excessive speeding can all result in you receiving a traffic ticket, even though you’re in a parking lot.

    You should speak with your insurance company for exact fault determination. Hope this helps.

  • Nick – InsuranceHotline.com

    Hello Kathleen,

    In order to try and remove the ticket, you will need to fight the ticket in court. You can always obtain representation from http://www.pointts.com.

  • Nick – InsuranceHotline.com

    Hello Bheng,

    Parking lot accidents generally cause the most confusion as to which driver is at fault in a given scenario. The fault determination in an accident depends on the specific details of each case, however there a few general rules to go by:

    1. If a driver who is in motion hits a parked car, the driver in motion is typically at fault. If you’re in motion, you must have control over your vehicle and should be able to avoid stationary objects, even those that are parked in inconvenient or illegal locations.

    2. Drivers entering a lane of traffic must yield to other cars. If you’re pulling out of your parking space to enter a lane of traffic, you must yield to other vehicles traveling in that lane. Also, as a general rule, drivers who are turning must yield to drivers travelling in a straight line. If you’re turning into a lane, you must yield to drivers who are already travelling in that lane.

    3. You can get a traffic ticket in a parking lot. Failure to stop at stop signs, collisions with other vehicles and excessive speeding can all result in you receiving a traffic ticket, even though you’re in a parking lot.

    You should speak with your insurance company for exact fault determination.

  • Nick – InsuranceHotline.com

    Hello Bruce,

    You will need to speak with your insurance company directly for fault determination.

  • Nick – InsuranceHotline.com

    Hello Kelly,

    That’s unfortunate. The insurance company will determine fault. Here is a list of fault determination rules that are used as a basis:
    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Hope this helps.

  • Shane

    if car A is turning left from a 1 lane road and car B drives on the shoulder of the road opposite to pass cars, and hits car A who is at fault?

  • Nick – InsuranceHotline.com

    Hi Shane,

    Please have a look at the fault determination rules in this brochure: http://www.ibc.ca/en/Car_Insurance/documents/brochure/ON-Fault-Determination-Rules.pdf.

  • Tom

    If I backed out of a parking lot into another car that was illegally parked in a handicap accessibility point because they were waiting for someone then it is the illegally parked cars fault?

  • Renee

    My husband was overtaking a large stationary lorry. As he got level with the cab of the lorry, it suddenly took off leaving him unable to complete the pass manouver before reaching the oncoming car. Who is at fault?

  • Mandy

    Hi,

    I was travelling up a single track road. A driver came around the corner and saw me. There was a passing place to his right but he did not stop he contiuned on until we were sitting head on. We both stopped. I looked in my rear view mirror and saw that I had quite a distance to reverse back if I were to let him pass. He had only two car lengths to reverse into the passing place so I waited for him to do so. He didn’t reveerse but pulled into the verge to let me pass. I proceeded as I felt I had no option. When passing him I realised there was a deep ditch to my left that I was in risk of driving into. To avoid this I pulled in too early and clipped the rear of his car. Small scrape to both vehicles. I understand I should not have attempted to pass but should have got out and told him to reverse. I accept my part of responsisblity. I am upset howver that he is not held partly accountable for not stopping and then not reversing into the passing place. Can I argue 50/50 blame?

  • Gemma

    Hi who’s fault is it when the roads are very slippery and the car in front doesn’t indicate and just stops and I slide into the back of her car

  • anon

    Who is at fault if I am reversing out of a car park to straighten up and I hit a car that was driving through in the front end wheel flare?

  • Sam

    if i was reversing into a driveway and a car going down a one way road hits the front of my car whose fault would it be

  • Joy

    Who is at fault when car A is on a street waiting to get onto intersection and pulls out and car B is coming out of parking lot and no one hits each other but car B is a motor cycle and he lays it down about ten feet from car A?

  • Joy

    Who is at fault when car A is pulling out off a street onto intersection and car B (motorcycle) is pulling out of a parking lot and no one makes contact but car B lays his motorcycle down 10 feet away from car A?

  • Graham

    if your driver A and hit by another vehicle whilst two lanes were merging into one and was in the left hand lane which is also a bus lane between 4-7pm and not the lane that merges in. then third party driver B hit the rear side of your car and continued to slide along the car until he hit the wing mirror. who is at fault?

  • Niq

    Whose at fault : In a parking lot. Car A stop on the feeder lane to wait for a car going out from a parking space.
    Car A reverse after safely check rear side of the car to give way to the car leaving parking space. Suddenly on the opposite side, Car B was coming out from other parking space behind Car A. Car A and B got bumped.

  • jason

    car A is on a single lane road it indecated to turn right before a juction on the right, it didnt stop, just slowing down.it had a change of mind and wanted to go left instead so it cancelled its right signal and changed it to left as car A was just about to turn left car B had under taken and ran into the passanger side door who’s to blame

  • shakira

    driving on the expressway coming over a bridge 2 lanes snow and icey conditions my car first i hit an icey patch loose control of my car im swirving and car #2 hits me and still swirving and car #3 hits me and im still trying to regain control and and semi truck clobers me my car is pretty much totaled the other 3 are not badly damaged the roads had not been plowed. whos at fault

  • Rob

    Who’s at fault
    Driver a reverses out of parking bay and stops to set off forwards opposite is driver b who is reversing out of pub car park driver b strikes side of driver a’s bumper by wheel with corner of his bumper driver a was stationary at point of impact

  • Nick – InsuranceHotline.com

    Hello Graham,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hello Niq,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Jason,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Rob,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Shakira,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Anon,

    Please check the fault determination rules here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Renee,

    Please check the fault determination rules – set out here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Tom,

    Have a look at the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Joy,

    Please refer to the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Joy,

    Please check the fault determination rules here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Gemma,

    Check the fault determination rules, as set out in the Insurance Act here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Sam,

    Please check the fault determination rules here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Nick – InsuranceHotline.com

    Hi Mandy,

    Your insurance company will determine fault. You may also want to review the fault determination rules, as set-out in the Insurance Act: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

  • Matthew Quon

    If Car A goes through a yellow light that turns red through the intersection (because he is passed the point of no return) going straight through but Car B Turns Left through the intersection and Car A hits Car B, the witness think that they both ran red lights. Who’s at fault? Can Car A prove innocent even if the witness think that Car A ran a red light?

  • t

    Whos at fault when you are pulling from a side street to go straight and 1st look right and there is no cars coming so i went half way across and stopped as there was a car going the opposite way from the left and as i was waiting a car came from the right at speed, swerved into the wrong lane and as he went to go into the left lane he smashed the side of his car into mine while i was stationary.

  • Sonny

    Who is at fault when a the light turns orange and the driver decides to slow down to stop. then changes their mind and tries to go then Suddenly decides to stop? I hit them from behind. Cheers

  • Nick – InsuranceHotline.com

    Hello T,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    Hope this helps.

  • Nick – InsuranceHotline.com

    Hello Sonny,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    Hope this helps.

  • Nick – InsuranceHotline.com

    Hello Matthew,

    Here are the fault determination rules: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    Hope this helps.

  • disqus_kZBTk4ME7u

    if someone hits a parked car with no one inside but car that was hit only has liability, in a mall parking lot, who is responsible? it happened to me and the other driver will not pay, and my insurance company cant help me??? This is a terrible injustice!

  • Karry

    I was turning in to a norrow side road in to right while i came out of junction to turn right i crashed in to a car coming from opposite side whose fault is it ?

  • Karry

    I was turning in to a norrow side road in to right while i came out of junction to turn right i crashed in to a car coming from opposite side whose fault is it ?

  • InsuranceHotline

    Hi Karry,

    Please refer to the fault determination rules which can be found here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    Thank you.

  • InsuranceHotline

    Hi Karry,

    Please refer to the fault determination rules which can be found here: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

    Thank you.

  • tbone

    what if i lost control due to weather conditions and ended up on the wrong side of the road. In the process of correcting my vehicles position, a car came up and hit me by performing an improper lane change (over solid white line) to ensure a collision. The point of impact was OUTSIDE the other drivers lane and in the ‘improper lane change’ lane. long story short this guy saw me moving out of his way and he, as a driver, exited his lane (illegally) to collide with my vehicle. I was cited for failure to maintain. Im fine with that a cold rainy day caused me to lose control. But the big question here is…… am i at fault for the ACCIDENT??

  • Debs

    Hi my daughter was travelling in the 3rd lane of the freeway and a Toyota Tazz bonnet blew up and the driver stopped dead in the tracks, he did not have a licence, a Fortuna hit the back of him and my daughter into the fortuna but my daughters car has the most damage who is at fault?

  • Debs

    Hi my daughter was travelling in the 3rd lane of the freeway and a Toyota Tazz bonnet blew up and the driver stopped dead in the tracks, he did not have a licence, a Fortuna hit the back of him and my daughter into the fortuna but my daughters car has the most damage who is at fault?

  • beerpig

    You are. If the guy in front of you is uncertain whether he should go through or not then clearly you should NOT go through. Plus, you should always leave enough room in front that you can stop regardless of stupid things the driver in front of you might do.

  • beerpig

    You are. If the guy in front of you is uncertain whether he should go through or not then clearly you should NOT go through. Plus, you should always leave enough room in front that you can stop regardless of stupid things the driver in front of you might do.

  • InsuranceHotline

    That’s quite unfortunate. You will need to speak with your insurance company who will determine fault.

  • InsuranceHotline

    That’s quite unfortunate. You will need to speak with your insurance company who will determine fault.

  • Jack

    Hello,
    I was recently in an accident.
    I was traveling on a two way street, driving past a parking lot when a car pulls out of said parking lot making a left hand turn into my lane and T-bone swipes my car. Is the car leaving the parking lot not at fault because he failed to yield to me driving straight but was also the one who hit my vehicle?

  • DeeDee

    Hi..my mom was traveling in snow today and a guy passed a car into a snow filled lane in front of her and spone out of controll and actually was facing her when she tried to avoid him and clipped his front end and hit a gaurd rail..totallying my car. Who is liable?

  • InsuranceHotline

    Hi DeeDee,

    That’s unfortunate. In this case, it’s tough to say. Your insurance adjuster will make this decision.

    Please contact your insurance company for more information. It may help if your mom has any contact information from any witnesses at the scene of the accident.

    Good luck.

  • InsuranceHotline

    Hi DeeDee,

    That’s unfortunate. In this case, it’s tough to say. Your insurance adjuster will make this decision.

    Please contact your insurance company for more information. It may help if your mom has any contact information from any witnesses at the scene of the accident.

    Good luck.

  • InsuranceHotline

    Hi Jack,

    Sorry to hear that. It’s difficult to say. Your insurance adjuster will make this decision.

    It might even be 50/50 as you both did not see each other coming.

    Please contact your insurance company for more information. It may help if you have any contact information from any witnesses at the scene of the accident.

  • InsuranceHotline

    Hi Jack,

    Sorry to hear that. It’s difficult to say. Your insurance adjuster will make this decision.

    It might even be 50/50 as you both did not see each other coming.

    Please contact your insurance company for more information. It may help if you have any contact information from any witnesses at the scene of the accident.

  • InsuranceHotline

    Hi there,

    If you’re unhappy with your insurance company’s decision, you can always contact the ombuds-person at your company. Ask your adjuster for contact details.

  • InsuranceHotline

    Hi there,

    If you’re unhappy with your insurance company’s decision, you can always contact the ombuds-person at your company. Ask your adjuster for contact details.

  • InsuranceHotline

    Hi tbone,

    Your insurance adjuster will be making the final decision on who’s at-fault. Unfortunately, we are unable to provide fault determination.

  • InsuranceHotline

    Hi tbone,

    Your insurance adjuster will be making the final decision on who’s at-fault. Unfortunately, we are unable to provide fault determination.

  • Gina

    Hi, my partner was asked to move his car during work hours in the works car park so a customer could park there. Whilst moving his car, it skidded out of control and hit another car, due to the fact the car parks roads were icy. They gritted the road after the accident occurred. Can my partner claim from his company for this ?

  • Gina

    Hi, my partner was asked to move his car during work hours in the works car park so a customer could park there. Whilst moving his car, it skidded out of control and hit another car, due to the fact the car parks roads were icy. They gritted the road after the accident occurred. Can my partner claim from his company for this ?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Gina,

    Thank you for your question. Please contact your insurance professional directly (broker/agent). There are many variable to factor in here.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Gina,

    Thank you for your question. Please contact your insurance professional directly (broker/agent). There are many variable to factor in here.

  • Dazed and Confused

    Hello, I was making a left turn coming from a shopping center toward the next intersection light. I looked both ways and the road was clear except for a few other vehicles waiting to turn on the road as well I was the only car making a turn to go down that street. As I was just about done completing my turn all of a sudden I got hit by another car. I was hit on my right front corner passenger side and the other drives had a dent in their left back side right in front of their right back wheel. Her car was barely scratched yet my head light was hanging out and my bumper is loose on the right side of my car. I honestly believe I was not at fault because I looked both ways before I began to cross the street and make that left turn. She came from nowhere maybe exiting from another entrance farther down the parking lot of the shopping center. But i’ve been told that because I was making a left turn. I will be automatically blamed for the accident! Is this true. The woman even said to me that I hit her and that I was turning too slow. Makes no sense to me. Please help! By be making a left turn does that automatically mean I’m at fault?

  • redmoon

    Hi
    I was traveling straight down the road at the posted speed limit when last minute someone pulled out from a side road making a left turn from a stop sign crossing my lane. I slammed on my brakes to avoid but collided into the rear quarter panel of their vehicle. Who is liable for the damage?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Dear Dazed and Confused,

    Thank you for your question. There are so many variables that need to be taken into consideration here. Please read through this article http://www.insurancehotline.com/ontario-auto-insurance-changes-effective-september-1-2010/ and click on this link http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf to see the IBC’s fault determination rules.

    If you would like to dispute a fault determination, please contact the General Insurance Ombudsman services at http://www.giocanada.org/

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Dear Dazed and Confused,

    Thank you for your question. There are so many variables that need to be taken into consideration here. Please read through this article http://www.insurancehotline.com/ontario-auto-insurance-changes-effective-september-1-2010/ and click on this link http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf to see the IBC’s fault determination rules.

    If you would like to dispute a fault determination, please contact the General Insurance Ombudsman services at http://www.giocanada.org/

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Redmoon,

    Thank you for your question. There are many variables that will be taken into consideration here. You can view the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    also, if you feel you wish to dispute a fault determination, you can contact the General Insurance Ombudsman services at http://www.giocanada.org/.

    And as always, speak to your insurance professional (broker/agent) to see what the process is for claims.

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Redmoon,

    Thank you for your question. There are many variables that will be taken into consideration here. You can view the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    also, if you feel you wish to dispute a fault determination, you can contact the General Insurance Ombudsman services at http://www.giocanada.org/.

    And as always, speak to your insurance professional (broker/agent) to see what the process is for claims.

    I hope this helps.

  • Michelle Murphy

    Hi, I was travelling at 30mphon an access only road (I lived on the street) being tailgatedtailgated by the car behind. They then overtook me and performed an emergency stop before any distance was made between us. I of course went into the back of him but tried my hardest to brake. I called the police who took both statements and said the other driver said there was a grey nissan pulling out of the drive which there quite clearly wasnt. What are my chances of proving I was not to blame?

  • InsuranceHotline

    Hello Michelle,

    You will need to speak with your insurance representative who will determine fault. If there were any witnesses, provide the contact information to your insurance rep.

  • InsuranceHotline

    Hello Michelle,

    You will need to speak with your insurance representative who will determine fault. If there were any witnesses, provide the contact information to your insurance rep.

  • Anna

    If car A is at a complete stop waiting to turn right and their left rear end is sticking over the white line (they are cockeyed in the lane), and car B is in the center lane and makes no attempt to avoid car A and rear ends car A who is at fault. The insurance company keeps going back and forth about whose at fault.

  • joandtec@gmail.com

    We was parked by local rugby club when 2 pull out to the left hand side and a car drives into the side of my car damaging the ofside wing bumper and headlite.he was driving with no lights on and the car was black it was about 9.15 in the evening who is 2 blame?

  • joandtec@gmail.com

    We was parked by local rugby club when 2 pull out to the left hand side and a car drives into the side of my car damaging the ofside wing bumper and headlite.he was driving with no lights on and the car was black it was about 9.15 in the evening who is 2 blame?

  • InsuranceHotline

    Hello,

    That’s unfortunate. You will need to speak with your insurance representative who will determine fault.

    Thank you.

  • InsuranceHotline

    Hello,

    That’s unfortunate. You will need to speak with your insurance representative who will determine fault.

    Thank you.

  • InsuranceHotline

    Hi Anna,

    The decision of who is at fault is made by your insurance representative.

  • InsuranceHotline

    Hi Anna,

    The decision of who is at fault is made by your insurance representative.

  • yaj

    i made a left turn at an intersection and got hit. I stopped at a corner and signal to the left while another driver was coming straight towards me. i made my left turn and got hit from the side of the passenger side. Who’s at fault?

  • Anie

    if car A is changing line in intersection and Car B going left being accident who is wrong?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Unfortunately for you, according to the fault determination rules, most of the time the driver making the left turn is deemed to be at fault.

    Sorry about that.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I’m sorry but that is a bit too vague of a question to give you a proper answer. Each situation is unique. Most of the time, the driver making a left turn is deemed to be at fault but the adjuster will make the determination.
    Thanks!

  • hollyweedheel

    Hello,

    I was traveling straight and was hit from someone making a left at the intersection. There were conflicting reports as to who had what light and what rate of speed was being traveled. Would the Left turn at fault rule still apply?

    Thanks!

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    Thank you for your question. Typically, the driver making the left hand is deemed at fault, however, in an intersection there are other variables that are taken into consideration. You can read up on the IBC’s (Insurance Bureau of Canada) fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    You should also check with your insurance professional (broker/agent) or claims adjuster to find out how they are rating this accident.

  • Taco

    Hi,
    I was pulling out of a junction turning right onto the main road when I was struck in the back quarter panel by a car comin from my right who had his indicator on to turn left.
    There is a shop just beside the junction I pulled out of which he said he was goin into. This would have been just passed the junction I pulled out of. I thought he was turning off at the 1st junction do.
    He claims I’m totally in the wrong. I don’t tink I am.
    Who do you think is at fault.

  • SV

    I was parked in a Parking lot and had the door opened for exiting the car when the door was struck by another car pulling into the next parking slot. Major Damage on the door edges. The insurance company quotes the below rule and declares it is 100% my fault. What can I quote to them as precedence to convice them of the situation.

    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.

  • Jo

    If there are 3 lanes of traffic. Car A in lane 1, Car B in lane 2, Car C in Lane 3. Car A and B stop and Car D to let car D on cross street through. car A hits Car D because Lane 3 is not backed up. Who is at fault

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    There are a lot of variables here. You are best to speak directly to your insurance professional or claims adjuster as they will be determining fault.

    Here is a link to the IBC’s (Insurance Bureau of Canada) fault determination rules. It might help you.

    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Jo

    If there are 3 lanes of traffic. Car A in lane 1, Car B in lane two, Car C on lane three. Lane one are stopped with backed up traffic so cars A and B stop. Car D is at a cross street and attempts yo cross all three lanes. Car D hits car C. Who is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jo,

    There are many variables to consider here, especially because you are referring to an intersection. Please see the fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    You can also speak with your insurance professional (broker/agent) or claims adjuster.

  • jennifer

    I was at an intersection and there was a car in front of me. They signaled left and I also signaled. there was no other cars in the road. he turned and I yielded and then turned after him. there was a car coming down the intersection towards me but was a long ways away. as I was turning she hit me straight on. clearly she was speeding. her car barely had any scratches in it. my passenger door was totaled.
    summery: arrived at the intersection first. light was green.signaled. turned. got hit. she had the right of way because she was going straight.
    I’m I still at fault even though she was speeding?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jennifer,

    There are many variables here, especially because the accident took place in an intersection. You should speak to your broker/agent or your claims adjuster to find out how they are determining fault.

    Also, if you are interested, here is a link to the Insurance Bureau of Canada’s fault determination rules. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

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  • qe

    I was driving down the street, and there is an intersection in front of me, there were about 7 vehicles including me on the right lane to make the right turn. I bumped to a car in front because the car made a sudden stop after all the cars in front of his drove off. There was nothing damaged to both cars at all due to the extremely low speed (3 mph maybe as I very lightly stepped off the brake) but the driver was angry and filing the insurance claim after getting my insurance information. (I am not sure what he is demanding for since there were no damages whosoever and he admitted it) I suspected that he might want to take advantage of the situation to get an full inspection or there there might have been so damages to his car somewhere else and he wants to falsely accused me for the damages. I have talked to my insurance agent and described the situation. No police was called and there was no witness. Whose fault? This is the state of Virginia. Did he have any fault because he made a sudden stop while his car was across the pedestrian line and into the road for no reason?

  • Khristy

    Hi I was merging into a highway when I collided with a car who was apparently backing up because it overshot the intersection I was in so he could make a uturn. Who’s at fault here?

  • Gab

    If my dad was reversing out of a park with limited visibility due to cars either side, and a person in the park opposite him was coming forward out of the park with full visibility due to no cars anywhere near his lot, and they met in the middle and collided, who is to blame? There are only small dints in both cars but the man insisted my dad take liability for it? In Australia.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello qe,

    Thank you for your question, however, you will have to check with the governing body in your state to see what the fault determination rules are that apply.

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Khristy,

    You may need witnesses’ to confirm that the other car was indeed backing up as typically, the fault falls on the vehicle who hit from behind. Talk to your insurance claims adjuster for this matter.

    Here is a link to the IBC’s fault determination rules… it might help you out.
    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Gab,

    I’m sorry, but I’m not familiar with the rules in Australia. I would suggest researching the fault determination rules of your country. You could ask your insurance professional (broker/agent). Tell your dad to talk to his insurance professional or adjuster who will be determining fault… likely it is a 50/50 split.

    I hope this helps. — check this contact link out and give them a shout/email. http://www.insurancelaw.org.au/contact-us/

  • good driver

    Who is at Fault when someone backs up into your car at a traffic light and then says that you hit them and you were stopped for a red light that them turned green to go

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello good driver,

    Typically the vehicle that hits from behind is at fault. However, each situation is unique and there is an investigation through your insurance adjuster.

    Here is a link to the IBC’s fault determination rules.
    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    I hope this helps!

  • jeff

    ok i was hit on an intersection i was heading straight when a car making a left turn hits me who’s at fault

  • Rach Selby

    Hi I had an accident (uk) last week where the car I was following suddenly left our side of the road without indicating and started to slow down and I believed he was going to park on the large grass verge however as I continued forward he suddenly (again without indicating) swung left to try and enter his driveway and hit me sideways on writing my car off-I have a witness to back me up but the bloke is trying to dispute it saying I undertook him which I didn’t I was on my side of the road an there was no reason for him to leave our lane surely he should of indicated left and pulled up on the side o the road we were travelling and allow me to pass when it was safe to do so then carry out his manoeuvre when the road was clear-so who is at fault cos I sure as hell don’t believe it was me I never had to take any avoidance right up until I saw him ploughing into the side of me

  • worried driver

    okay so I am turning the curb in my neighborhood and there is always a car parked on the street near the end of the curb. As I am turning a car speeds by me. I move out the way colliding side mirrors with the parked car. whos fualt would it be both of our mirroe are broken. Also I did not leave a note, I was too freaked out from the car zooming past me and me hitting side mirrors. I know I should have left a note but what should happen now? That parked car always blocks the street so anyone coming around that curb always has to be careful, so when that other car went past me it was virtually impossible to movie out the way without hitting that car parked off the side of the street. When people park on the side of the steet in a neighborhood do they take responsibility for damages done from blocking the road?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jeff,

    Typically the vehicle making the left turn is at fault, however, each situation is different and will be investigated through claims adjusters.

    Take a look at the IBC’s fault determination rules.

    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Rach,

    Unfortunately, I am not familiar with the UK fault determination rules. You can try your Country’s insurance services to find out what their fault determination rules.

  • PaulC

    Hello, my daughter was following a vehicle down a regular 2 way street. The vehicle crossed over the center line and is now traveling in the left lane and slowing down. There were no signals indicating his intention. After giving him a moment she decided to resume her normal speed and continue along her way. Just as they were side by side, this vehicle turned right and hit our vehicle in the left rear door.
    He stated to her that he did not see her there. Now, it seems that he is saying that she tried to overtake him on the right shoulder.
    What are the rules in this case and who would be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello PaulC,

    You can speak with your claims adjuster to see how this specific incident is being looked at through investigation as they will be the ones performing the investigation. You can ask your insurance broker/agent to speak with claims. Also, you can check out the IBC’s (Insurance Bureau of Canada) fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • PaulC

    Hello, my daughter was following a vehicle down a regular 2 way street. The vehicle crossed over the center line and is now traveling in the left lane and slowing down. There were no signals indicating his intention. After giving him a moment she decided to resume her normal speed and continue along her way. Just as they were side by side, this vehicle turned right and hit our vehicle in the left rear door.
    He stated to her that he did not see her there. Now, it seems that he is saying that she tried to overtake him on the right shoulder.
    What are the rules in this case and who would be at fault.

  • Mary

    automobile “A” and “B” are traveling in the same direction. Automobile “A” makes a U-Turn, and automobile “B” hits automobile “A” on the drivers side (front door to rear quarter), who is at fault?

  • Pamela

    If you are in a drive thru in park and someone rear ends you who is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Pamela,

    Typically, the driver who hits from behind is held responsible. Check out the IBC’s fault determination rules here. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Mary,

    I’m sorry, your question is too unclear… could you please explain in more detail?

  • NathanK

    Hello I’m making a left into my schools staff parking lot, and I started turning into the driveway, and I’m about 1/2-3/4 fully into the drive way with my friends and one if my friends mom waiting for me meet them and suddenly I get hit from a car on my back right wheel. Only a decent dent in my deep dish rims and only a small part of my fiberglass bumper close to my back right wheel cracked. She claims that I wasn’t being safe and saying that I am a not safe driver which is honestly not true. I have witnesses that also saw me going into driveway of the lot and all of them say I wasn’t at fault cause I was technically inside the lot and they all said she didn’t even bother to care to slow down or even try to take precautions into avoiding the accident. And can I say that she’s a 87 year old woman? She’s about 4’11-5′ ish. Her friend also came around and we talked and he asked me even if she tried to get out of the way or anything and I said “no” which made him sound like he was on my side since she didn’t try to maneuver her way out even though there was no traffic whatsoever coming my way or her way. I have about 5 witnesses

  • dreadhead

    If i was pulling in a parking space in between to cars and the car on the left opens its door as im pulling in hittiing my fender over the tire and causing damage to their door am i at fault cause the police report has me at fault and plus they left the scene.

  • dreadhead

    If im pulliing in a parking space between two cars and the car on the left opens its door as iim entering the space denting my fender above the tire who is at fault cause the police report i was and plus they left the scene before exchanging info and before the police arrived but they reported it.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Nathan,

    There are many variables here. You are best to speak with your insurance claims adjuster. You can also take a look at the IBC’s fault determination rules here. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    I hope this helps.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Dreadhead,

    The responsibility is typically on the vehicle that is moving, not the one stopped. Take a look at the IBC’s fault determination rules here. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
    You can also speak to your claims adjuster as they will be investigating and determining fault based on these rules. If you wish to dispute a judgement here you can take it up with your insurance ombudsman (your broker/agent can put you in touch with them or you can go through their site http://www.giocanada.org/)

    I hope this helps.

  • Lynne

    2 cars backing from a parking space at the same time collide. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Lynne,

    Parking lot accidents can be tricky… talk to your claims adjuster or take a look at the IBC’s fault determination rules here. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Claribel

    Ok I am pulling out of a Walgreens driveway and there are two lanes of traffic coming and two lanes of traffic going. Now I want to make a left turn out of the driveway since there are lights and the ends of this entire block. On the right lane the cars that are stopped at the red light signals me to turn since he is letting me pass. I see no one in the second left lane that is coming nonetheless I approach slowly to make sure. When I am certain that no one is coming I speed up a little now going about 10 mph when I suddenly see this van coming I stomp on the brakes and try to avoid her by turning right but I never let go of the brakes. She could have avoided me just by swerving a little to the left since I was only about half way in her lane. But since she was speeding my van took the whole impact of her hit. Mind you my van was motionless at the time she hit me. Am I considered at fault here, even though she could have avoided me ?

  • s

    hi there

    whos fault is it if a car doesnt take off from the lights due to being distracted and a car travelling at the road’s suggested speed then hits them from behind?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    You will have to check with states fault determination rules. You should be able to ask your broker/agent for access to this.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    Typically, the car that is moving is at fault. Also, typically the vehicle that hits from behind is at fault. Take a look though the IBC’s fault determination rules here. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • t

    okay so i am going east and turning left the other driver is going west and turning right. we both have a green light. i turn into the inside lane the other driver turns and hits my passenger quater panel…. the other driver was sited for the accident, who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello T,

    Intersection collisions can be tricky as there are many variables. You can speak with your claims adjuster to find out who was ruled at fault/partially at fault, etc as they would be the ones investigating this accident. You can also take a look through the Insurance Bureau of Canada’s Fault Determination Rules that all insurance companies use as a guideline.
    http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Berkshire Driver

    I clipped the wing mirror of somebody who was parked on double red lines, who is at fault in England?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Berkshirre Driver,

    Typically when an accident occurs where one vehicle is in motion and the other is not, the vehicle in motion is at fault, however, we are not familiar with UK rules, I would recommend contacting your country’s insurance service to see what the fault determination rules are. You can also speak to your insurance professional to get this information/resource.

  • JJ

    Car A is backing out of his driveway and hits car B in motion on the road. Car B is reversing on the road to park the car on the side of road. Clearly car A did not see their blind spot and hit car B. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello JJ,

    Typically, the driver who was reversing out of the spot is deemed at fault, however, it is best to discuss with your insurance broker or claims adjuster as they will be determining fault. Here is a link to the Insurance Bureau of Canada’s (IBC) fault determination rules. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • driver172

    Question: 3 cars are travelling on a highway in 3 adjacent lanes in Toronto, Ontario. Car A is in front on the far-left lane, car B is on the middle lane and car C is on right-most lane. Car A changes quickly to the middle lane illegally (without signaling) and to avoid the collision car B changes to the right-most lane. None of the car hit any other car. There is no damage to car A or B, but car C changes lane, passes the merging lane and hits the side rail. Car A flees the scene. Car B pulls over to the side thinking it got hit by car A (due to noise from car C hitting the rail). Cop investigated both drivers and draw diagrams, etc. Cop provided both drivers with each others information. Cop said there is no evidence that there was indeed a ‘car A’ and gives ‘careless driving’ ticket to car B. What would happen if car C files a claim? Can car B be at fault? If so what percentage of fault? Was the cop suppose to give the report of the incident to car B even though there is no damage to it? how about for car C?

    Thank you very much.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Driver172,

    This is a complicated situation. What the police consider at fault can differ from what an insurance company considers at fault. You can view the Insurance Bureau of Canada (IBC)’s fault determination rules (where the insurance companies will go to for guidelines when determining fault) http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
    Speak to your claims adjuster or insurance broker/agent to discuss your specific role in this. IF you wish to dispute a fault determination or judgment regarding your insurance policy you can ask your broker/agent to refer you to your insurance ombudsman or you can contact them yourself here: http://www.giocanada.org/

    I hope this helps!

  • Amy

    I was recently involved in a 4 car wreck. There was car D that hit car C and fled the scene, Car C hit Car B (ME), and I hit car A. Car D does not have insurance and they haven’t had insurance since 2012. Who gets the bill?

  • Oink

    Driving on the highway at the pace of traffic (115km) and signaled to change lanes to the “fast” lane. Checked my mirror and made the change. I heard a honk behind me and as I looked in my rear view the car was swerving all over the highway and crashed into the median. No contact made. I received a letter from the police saying they were investigating. Is it my fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Amy,

    There are too many variables here for me to comment. Please speak to your insurance professional or claims adjuster as they will be the ones determining fault.

  • daniela

    I am moving out of a parked position, the front corner of my car moves out (drivers side). so my right corner is sticking out. i stop because i see and on coming car. The on coming car stops as well but then moves off, while moving off hits my side and hits his but does not stop so scratches his car all the way through. Through out the whole thing my car did not move. Can i still be blamed even though he acknowledged my side sticking out by stopping his car but changed his mind and proceeded

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Oink,

    I’m not sure what to tell you there are too many variables here.. you are best to find out from the poilce what the investigation entails and then follow up with your insurance professional.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Daniela,

    Typically the vehicle in motion is at fault. You can view the IBC (Insurance Bureau of Canada)’s fault determination rules here… this is what the insurance companies will use as a guideline. http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
    If you wish to get further details, speak directly to your claims adjuster. I hope this helps!

  • retta

    hi can u please tell me whos at fault… i was attempting to make a left hand turn, i was behind a car also making that turn no cars were coming so the car ahead of me made the turn so i moved up attempting to make that turn also so i checked to see if any cars were coming and there were none so i started to make the turn and a truck that was parked just came out of the parking space and the accident happened..

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Retta,

    Typically the driver making the left hand turn is at fault, however, I’m not sure of the specifics here and there are many variables to consider, so I would recommend you speak to your claims adjuster or insurance professional as they will be the ones determining fault for this.

  • Texas Driver

    I was waiting for traffic to clear to turn right out of the parking lot unto the highway. As I started to turn as traffic cleared, a car tried to get by on my passenger side to turn right as well and collided with my vehicle just behind the front wheel. The other driver is saying it is my fault for turning to sharp. There is only one marked exit lane on the driveway.. Who is at fault?

  • Ouch

    I was clear to make a left hand turn. Then a car sideswiped me on my rightside. I have no idea where she came from. The cops say she had right of way. I told them I was clear. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Texas Driver,

    Did this happen in Canada or the US?

  • Shook up

    I was parked facing on comin traffic on a main road. Once I a stablished right of way began to move off to get in the right lane. A car that was stationary in a junction opposite at my time of moving began to pull out without looking to come across the lanes hit me before I got into my lane. Who is to blame.

  • Mac

    Hi, as I was getting to work on a 30 mile hour road, it was a busy hour at the dock and upon arriving at the entrance to work, signalling to turn right and following a colleague by around 2 meter distance, as I was about to turn right, I was hit so hard on the passenger side that my 2 ton car nearly tipped over on its side, the point of impact was dead smack on the passenger door. At this time, the sun was glaring towards the oncoming traffic, but with the type of speed, I was hit, all the drivers behind me said that it was impossible for a car like mine to go on 2 wheels, if the oncoming car was not too fast. just trying to get a different opinion.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Shook Up,

    You would be best to speak to your claims adjuster to see who they are considering at fault. Because I don’t have all the details I cannot tell you who is at fault. If you wish to take a look through the IBC’s fault determination rules for yourself, here is the link http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Dee Dee

    Car A is in the center turn lane headed westbound at a complete stop, waiting for oncoming traffic to pass to make left hand turn. Car B is on side street at stop sign, Car B does not see Car A & proceeds to cross over 2 lanes to head east and runs into Car A – who’s fault is it?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Dee Dee,

    Typically the driver making the left hand turn is considered at fault, but I would suggest speaking with your insurance professional or claims adjuster as they will be the ones determining fault.

  • Jerry

    Car A is in Lane 2 on a freeway, and Car B is in Lane 3 (to the right of Lane 2). Car B uses its turn indicator to indicate he intends to move into Lane 4 (to the right); he moves about one foot into Lane 4, then quickly moves back into Lane 3, erroneously thinking there was a car in Lane 4 in his blind spot. Meanwhile, Car A has begun moving into Lane 3, and a sideswipe occurs. Who’s at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jerry,

    There are many factors here, please take a look at the IBC (Insurance Bureau of Canada) fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Matt

    I has an accident today, I was going straight and a car made a Left turn, I did not see that car coming because on my left there was a truck blocking my view. I smashed into her car. Whose fault is this?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Matt,

    Please review the IBC’s fault determination rules http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf and speak to your claims adjuster.

    Typically, the driver making the left hand turn is at fault, however, not knowing all the details here I cannot say for sure. You should speak to your insurance professional and claims adjuster (as they will be the ones determining fault).

  • Jennifer

    I was parked on a diagonal parking lot (ie the car to my right was out farther than I) In addition, I have a small hybrid. I back out very cautiously because of this because the one way cars leaving the parking lot can not see me before I see them. A red truck speeding down the fare that only sees me once I am 1/4 a way out of my space decides to speed up to avoid a collision. I only see a red flash before I hit him. My insurance company is not taking his speed as a factor because there are no witnesses, even though he admits to speeding up once seeing me and not taking evasive action by honking his horn or breaking. I am being deemed as 100% liable. Is this correct?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jennifer,

    there are many variables to consider. You would be best to check the IBC’s fault determination rules yourself here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Also, please speak to your claims adjuster directly as they will be the ones determining fault and you can request an explanation. If you wish to dispute any of this, you can speak to your insurance ombudsman, whom your insurance broker/agent will connect you with. I hope this helps.

  • Bharat Kumar

    One way street, 3 lanes. I am in the middle lane , wanting to take a left into a parking lot (right next to the leftmost lane). This is downtown.I signal. I’m already half way in the leftmost lane. A driver from behind in the leftmost lane tries to squeeze in and get past me. He hits my front left side of my car below the left tire. His front right bumper is hit as well.His Wheel cap falls off and his car is damaged right till his front passenger right door. He is atleast one car space ahead before he comes to a stop. Whose fault is it?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Bharat,

    This is a complicated situation and will be properly assessed by your claims adjuster. You could speak directly with them as they will be the ones determining fault. Typically, the driver making the left hand turn is at fault, however, since you were both making left hand turns, i’m not sure what the process will be for determining fault. You are best to speak directly with your claims adjuster. You can also review the IBC’s official fault determination rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Cindy

    I’m turning left and a car try’s to pass me on my left side and hits me. I had my signal light on but he says I didn’t even if I hadn’t had my signal light on is he still a 100% at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hi Cindy,

    Typically the driver making the left hand turn is considered at fault. Take a look through the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
    and speak to your claims adjuster as they will be the ones determining fault.

    I hope this helps.

  • cdnpatriot

    Was driving at about 30 km an hour when about four car lengths before an intersection a cyclist blasts through a four way stop without stopping at a high rate of speed and does a super wide turn and smacks me on the side between the front wheel and the door causing a massive dent. Cyclist was under 18 parents did arrive at the scene. Officer stated the cyclist was at fault. Police report filed. This is in Ontario. I’m not at fault in my opinion but the insurance adjuster still is requiring that I pay a 1000 dollar deductible is this right?
    Will the insurance go after their home insurance as they don’t have insurance?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    I would recommend referring these questions to your insurance ombudsman. You can obtain their contact through your insurance broker/agent. You can also contact them directly here: http://www.giocanada.org/

  • paddy123

    Reversed out of my car bay and hit a car which was parked half on a curb which isnt dropped am I at fault or should he not be parked there

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello paddy123,

    Typically, the driver of the moving vehicle is considered at fault.
    You can review the IBC’s Fault Determination Rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Joe

    I stopped at a stop sign and turned left, I was over the center line and was hit. Who is at fault? The Story go’s on, The guy that hit me Was drinking by statements from the people in the other drives car and said he was drinking all day at a party.
    He would not get out of the car until they came and took him to the Hospital. So the police could not do a breath test. He got a ticket for driving to fast for conditions.
    I did not get an ticket for any thing. Who is at fault? Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Joe,

    Typically, the driver making the left hand turn is considered at fault, however, each situation is different and the claims adjuster from your insurance company will be the ones determining fault… so it might be best to speak directly with them. You can also view the IBC’s fault determination rules for yourself here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Mohit

    Car A is parked between two trucks in private parking lot. Puts gear to reverse after checking it’s safe to back up there’s no one passing through. Backs up 3-4 ft very slowly. and car B comes speeding try to make it through in the parking lot. Car A was completely blinded because of truck besides it. Car B does not honk and tries to pass Car B which was backing up. Car B hits Car A at rear bumper and Car B gets dent on rear side doors and scratch all the way till end because of speed. Now who was at fault ? Car B saw that Car A is trying to back up and should have wait until Car A backs up. None of the drives accepts the fault. How should you describe this to Insurance company. No police came since it was in parking lot.

  • tiff

    Hi, my friend got in an accident with my car, and its not insured. He was driving straight and the other car was turning left. Unfortunately we have no video camera at the light signal and no witness. Its a he said she said. My friend claims to have gone at the green light, as do they. He did not see them nor the direction they came from. He claims he wasnt distracted(on the phone txtin or talkin, or holding his phone). But the officer still gave him a citation saying he didn’t take evasive action. But the officer said, the citcitation didn’t mean he was at fault and both drivers were getting one. Later to find only he recieved one. The first officer didn’t give the other driver one. and we assue the 1st officer stated he was at fault. Wouldnt this be both driver’s are at fault since it was a left turn with no witness?

  • honeyrose

    i was on the second lane trying to go to the first lane to try to go in the Drive-Thru but a car came and blocked the way to go in and we collided, who’s fault is it?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Mohit,

    Your insurance broker can put you in touch with your claims adjuster directly. They will be the ones determining fault and will be best suited to answer this question. If you would like to see what the IBC (insurance bureau of canada) has outlined in their fault determination rules, please review here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Tiff,

    Driving without insurance is illegal and is a major offense. I would refer this question directly to the police and to your broker.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Honeyrose,

    Not having all the details of the incident, I would recommend that you review the IBC’s fault determination rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Samuell

    I was going straight through an intersection under a yellow light, after i entered the intersection a car on the opposite side of the intersection attempted to take a left onto the street I was crossing. Thus resulted in a head on collision. I was faulted and given a ticket for the accident and I am confused by this, because I should have right away under both green and yellow lights. Please help (the other driver also received a ticket)

  • tomas

    I was driving down a road and needed to make a u-turn to park the legal direction on the road it a 2 lane road one lane going north one going south i started to make my u-turn but had never left my lane and a lady came from behind me and hit me by the way she went into oncoming traffic and the cop said i was at fault the the insurance said i was 70% at fault but i dont really think this is right could you clarify i live in texas

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Samuell,

    Typically, the driver making the left hand turn is considered at fault, however, not knowing the specific details since I was not at the scene (and many factors do come into play), I would suggest you speak to your claims adjuster as they will be the ones determining fault for your insurance. Often times what the police consider at fault and what the insurance companies consider at fault have some differences as they are looking at different criteria. Take a read through this if you are interested in how fault is calculated for insurance in Canada http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Tomas,

    I’m sorry, I cannot comment on US rules. Please approach your state insurance governing body.

  • H

    I was parked in a road side parking section. Checked everything was clear and reversed to allow room to get out. A car was driving the same diredirection I was reversing and tried to turn in and park where I was reversing.
    Who is at fault?

  • Christa Krusel

    Hey,
    Can you help me, It was raining heavily, I indicated and turned right to turn into my friends drive on a busy road, then midway through turning i was hit by the neighbour’s car who lived two houses down. she was reversing out of her drive and didnt see me. I have damage to my right rear wheel arch and she has damage to the rear of her car.
    Any advice on who is at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello H,

    As the specifics of this accident will be needed to determine fault, you should speak directly to your claims adjuster as they will be the ones determining fault. You can also review the IBC’s fault determination rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Christa,

    You might want to take a look through the IBC’s fault determination rules here…http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf
    Find your specific situation.
    You can also speak directly to your claims adjuster as they will be the ones determining fault.

  • damsel in distress

    A car broke suddenly in front of me going up a hill just after turning into the road, causing me to hit the back of her car. There is no damage to her car, only my bonnet. To my right there was traffic caused by another collision and I couldn’t roll back as I had just turned uphill and would of hit someone’s car. I have whiplash and don’t know what to do. Who’s fault is it? Please help asap!

  • ST

    Question regarding parking at an event. If a parking lot attendant instructs vehicle to park in a spot that the driver feels he/she will not be able to fit into, but the driver still parks there and then damages their vehicle, who’s at fault? Is it the driver or the parking attendant? In this case, the driver ran into a post and claimed that the space was too small for their vehicle but that she was instructed to park there.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Damsel in Distress,

    Typically, the driver who hits the vehicle in front (rear – ends) is at fault, however, each situation is different and your claims adjuster will be the best suited to help explain who is at fault. Take a look through the IBC’s fault determination rules here> http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello ST,

    The driver would be considered fault.

  • Elaine

    I was pulling out of a driveway. I stopped since I saw the car coming, the lady saw me and wasn’t able to stop on time. So she rear ended me who’s at fault?

  • Kiyan Lautenschlager

    i was driving in my own lane and a women pulled out, i braked hard and swerved into concoming trafic and got hit by another car, all minimal danage whose fault

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Elaine,

    Typically the driver who rear ends/hits from behind is considered at fault. Check with your claims adjuster to see how they will be determining fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello,

    This is a situation best discussed directly with your claims adjuster as they will be the ones deteriming fault based on the Insurance Bureau of Canada’s fault determination rules – you can view them here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    I hope this helps

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Anonymous,

    This is difficult to comment on as this particular situation has a lot of variables. Please discuss this with your broker/agent or claims adjuster.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Scott,

    Typically, anytime a vehicle is in motion, it is a collision claim, however, you are best to speak directly to your claims adjuster.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Jessica,

    Typically, the driver of the vehicle in motion is considered at fault, however, as each situation is different, you are best to speak directly with your claims adjuster as they will be the ones determining fault. You can also take a look at the Insurance Bureau of Canada’s Fault Determination Rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

  • Heather

    Ok so i turned right on a red and turned wide, while car B was in the outer left lane and when he saw me coming tried jumping into the turnig lane causing his bumper to collide with my front end. I got charged for running the red, but who would be at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    According to the fault determination rules in Ontario, you would likely be at fault as your light was red.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Hello. I am sorry but this is not enough information. You are best to check with the fault determination rules in your province.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time, the driver turning left would be considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    It is likely that you will be responsible for the accident. Regardless of the reason that the driver ahead of your stops, the fault determination rules state that you should be able to stop in time and not make contact with their vehicle.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    I am not sure who would be at fault in this case. It sounds like the other driver was in their correct lane so it may be you who is considered at fault.

    Thank you

  • MLane

    I
    was in a parking lot on Christmas eve in my truck. I had gone by a parking
    space on my side of the road. (I don’t know if it is relevant, but the parking
    space was angled for entry from my lane.) I was backing up to pull into the
    parking space. There was nobody behind me, and I was watching all of my rear
    view mirrors. I bumped into something. When I got out of my truck, I could see
    a black mustang partially pulled into the space that I was backing to. He had
    passed me going in the opposite direction and was turning across my lane behind
    me trying to enter the parking space when I bumped his car. My
    truck was not damaged, and there was minimal damage to the Mustang. Who should
    pay to have the Mustang repaired? Estimated cost is $860. The code indicates that a driver is at fault if he is backing up or if he is making u-turn. What one if backing up and the other is making a u-turn into a parking space?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but typically the driver who is reversing is considered to be at fault.

  • MLane

    Yes, but the other driver was making a u-turn in my path which is also an indication of fault in a parking lot.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    I’m sorry but that might be a call that the adjuster will have to make to determine fault. They may split the responsibility 50/50.
    Good Luck !

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If there was no contact made with the other vehicle. You will likely not be responsible.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I cannot really answer that. If there was a ‘head on” collision. The at fault driver would likey be the driver who was in the wrong lane at the time of impact.
    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Typically, if you rear end the driver in front of you, you would be considered “at fault”

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Typically the vehicle reversing would be consider to be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Usually the driver who is reversing would be considered to be at fault.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Hello
    Parking lot accidents can be difficult to determine who is at fault. Often the are settled on a 50/50 basis.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    That sounds a bit complicated to give an answer. But what I can tell you is that most of the time, the driver who is reversing, is found to be at fault.

    Good luck

  • http://www.insurancehotline.com/ InsuranceHotline.com

    I am sorry but I really can’t answer that. You are best to check with your insurance professional who will give you the best advice.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Hello
    You are best to check with your insurance professional. It may be that it ends up 50/50 fault.

    Thank youj

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    It may be that both would be found partially at fault.
    Thank you

  • Joel

    At a red light the car in front of me crosses the white line too take a turn and stops after her back tires crosses the white line and then I bumped her car thinking she wasn’t going to stop. Is it my fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time for whatever the reason, the driver of the vehicle who ‘rear-ends’ the vehicle in front is usually at fault for the accident.

    Thank you

  • martey

    Hi I was driving in my neighborhood two lane we both going same direction. I was in left line and bus driver was in right lane. As soon as I yelled to right lane the bus driver run into my back of my car.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    In most cases the driver who rear -ends the vehicle in front is considered to be at fault.

    Thank you

  • john

    Somebody stopped in the middle of the road n u collide from the back. Who is at fault?

  • fd

    my car got stuck in the snow drifts on country road in a pretty bad storm and I had to leave the car there and hike back to where I came from. later the next morning somebody hit my car they even though they had room to go around but apparently didn’t see my car. The roads were still bad at that tiime. who’s at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time the driver who ‘rear -ends’ the vehicle in front of them for whatever reason is usually at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    This would likely be considered a ‘hit and run’. Your insurance adjuster may ask for a copy of the police report and if you have collision coverage they may pay to repair your vehicle (subject to your deductible). This would likely be considered not at fault.

    Thank you

  • Taylor j dinneweth

    I drove about three car lengths behind driver, saw drivers break lights turn on so I also braked with them staying three car lengths away they pulled into the parking lane and as I got about one and a half car lengths away they then turned left to eather to u turn or turn left on the street right in front of me with no turn signal so I pushed in the rest of my break pedal slid causing my car to slightly turn counter clock wise and hit drivers side back seat door and bumper who’s fault is it

  • Ryan

    Hello, there are two main lanes in a road with some parking area and a feeder lane. If a car is blocked the traffic (stop in the right lane instead of feeder lane and waiting for parking spot). Another car try to change to left lane and pass it but end up in scratching. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that you are at fault since you lost control of your vehicle.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If one vehicle is stopped and the other is moving, it’s usually the vehicle who is moving who would be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Unfortunately, a 50/50 accident will still count against your driving record.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If the other driver ‘rear-ended’ you, they are likely at fault.

    Thanks
    Anne Marie

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If she “rear-ended you” she will likely be considered at fault for the loss.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Most of the time in the case where both vehicles were reversing, both driver would share the responsibility 50/50.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    That is difficult to say who is at fault if you were changing lanes. The police report should be able to tell you that.
    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Try the police again. They may take the report. You can let your insurance company know the licence plate number of the person who hit you.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    This might be a 50/50 situation. Car A should have looked out for car B and car B should have looked out for car A

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Since it was a single vehicle accident you will likely be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unfortunately, if you do not have witnesses to the event, you both might be considered equally at fault.

    Thank you

  • Steven Southern

    i was waiting to turn right into a side street. waitng for a gap in traffic.when i see a suitable gap i begin to turn as i begin, i notice in my mirror another van come hurtling round me as if to avoid rear ending me but as he is on the other side (the oncoming traffic) he swerves back into the correct lane taking the front of my van off. Now my solicitor says its my fault. absolute bonkers. my solicitor also states it is cheaper to pay them a split of £10000 rather than risk court with upto £30000 plus his winnings which he will win. ????

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were both reversing, you would both be considered 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is quite likely that since you were both reversing, you will each be deemed to be 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since the other vehicle was stopped it is likely that your friend is at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Typically the driver who is reversing is deemed to be at fault for the accident.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    With most insurance companies, you would be considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unless you have witnesses you might both be considered 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were both reversing that you will both be found to be 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Typically once a case has been brought to arbitration the parties agree to abide by the decision.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is possible that you may both be found to be at fault.
    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    It sounds like the other driver might be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that since car A was reversing that they would be at fault. However, very often parking lot accidents are settled at 50% responsibility for each driver.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I don’t know what province you are in but I know that in Ontario fault is determined by a set of rules outlined in the insurance act you can view them on the Insurance Bureau of Canada’s website http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf.
    This is what an adjuster will use to determine fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I believe that the idea of this rule is that regardless the reason for the rear end collision, the driver who rear ends the vehicle in front is considered at fault as we are supposed to be in control of our vehicles at all times. This means staying far enough back from the vehicle in front that if they make a sudden brake, we do not hit them.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I believe that car A would be at fault as they rear ended car B.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You should discuss the next steps in the process with your insurance broker.

    I hope you feel better soon.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that the police deem you at fault as you were making the left turn.

    Thank youj

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were stopped, it is likely that the other driver would be found to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since your vehicle did not make contact with the other vehicle that you have no responsibility for his damage.

    Thank you

  • mandy

    Hi, my son was just driving up a main road and a car pulled out from a side road on the left and drove into the side of my sons car , (passenger side) he left his details and took my sons details but asked my son if the sun was in his eyes ?? making out that my son should have seen him pulling out but my son surely had right of way on the main road and the guy t boned him. ?? could he still try and blame my son for not stopping ?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    Typically the driver who was making the left turn is at fault. Your son had no stop sign so it would seem that he is not at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If the other vehicle had no stop sign then you were at fault. If the other vehicle had a stop sign, you will need witnesses to prove that you had the “right of way”

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Impact with a deer is usually considered a comprehensive claim and therefore “not at fault”

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    That’s tough to say, but most of the time, parking lot accidents are 50/50.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you went through the red light you will likely be considered at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were rear-ended and the other driver is 100% at fault, your insurance will not increase as a result.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since Car A was reversing it may be there fault but most likely, there will be a fault of 50/50.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You are always best to report the damage to a collision reporting center in Ontario,.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like it might be a 50/50 split since there were no witnesses.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Regardless of the reason, if you rear-end the vehicle in front of you, most of the time you will be considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You should check with your insurance company. They may want to see a police report.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but based on what you have told us here. I cannot comment.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like you are not at fault but you should see if you can find witnesses to help your case.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You can fight the ticket but it sounds like the fault for the accident would still be 100% yours.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the driver who was making the left turn is considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but I don’t know what the law would be in either of those states. You are best to check with your local police department.

    Thank you

  • Concerned Driver

    I was turning my car (A) into an empty space to park my car on the left hand side of the road, I struck the parked car (B) on the left which was in the process of moving off. Car B was illegally parked (in a bus stop), who is at fault? Both cars were pointing in same direction.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you hit Car B it is likely that you are at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that if there are no witnesses that both of you will be found 50% at fault.

    thank you

  • Rondha

    So I’m backing out of a parking spot in a private lot. No cars parked to my left or right. There is impact with a car moving in the lane – I clip his front passenger side fender and he clips my driver side bumper! Yes, driver side bumper. He was approaching at a high speed, as when I did my check over the shoulder check, no car was visible in either direction. I was pretty much completely in the driving lane, hence why he hit my driver’s side! Will I be found at fault? I’m perplexed!

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were reversing, you will likely be found to be at fault for the collision.

    Thank you

  • Rondha

    Thank you for the response. So what is the obligation of the parties to report the accident? Both parties agreed that the damage was less than $1,000. and no one was injured, and it was on private property. No one has gone to the Collision Reporting Centre. Apparently, the other party has already brought the car to the auto body – within 12 hours of the incident! I have nothing to report to my insurance as there is nothing to fix on my car! I have a scratch – that’s it! What is the protocol? I do not want to break any rules and protect myself. Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If the total damage to both vehicles is under $1000 you do not have to report the accident.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like you may be found to be at fault as you were not in control of your vehicle.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since the other driver hit the rear end of your vehicle they would be at fault.

    Thank you

  • Heidi Benjamin

    I was backing out of a parking space at a store, the driveway is a one way, i looked and saw no one coming so i proceeded to back up, about half way out of the parking space i collided with another vehicle. The driver of the other vehicle was cutting across parking spaces. He commented to me that he thought he hit a curb and there was a sun glare. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that it is a100% your fault or a 50/50 split situation as you were reversing.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    That’s a tough one to call. Usually the driver making the left turn is considered to be at fault but since the other driver was driving on the wrong side of the road it’s possible that he will be considered to be at fault in this case.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that Drivers A & B will be found to be 50% responsible.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were 100% out of your spot and moving forward, it sounds like the driver who was reversing it 100% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    This is something that your claims adjuster and the other driver’s claims adjuster may have to work out.

    I am not sure that there is much you can do unfortunately.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If the other driver was driving in the opposite direction from where they were supposed to, then they would be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like the other driver may be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like the other driver may have come into your lane. If he did, then he would be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but as you don’t have insurance, we can’t help. You may have to obtain legal advice on this.

    thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were reversing, it is likely that you will be found to be at fault.

    thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were stopped, it sounds like the other driver may be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello
    It sounds like the other driver came into your lane so they may be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were stopped, it sounds like the other driver might be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you will both be found 50% liable.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    There would have to be some forensic accident determination to see who crossed over into the other lane. It is likely that the driver of the vehicle who crossed over would be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were both reversing, it is likely that you will both be found to be 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If the police put that your son was at fault on the report, that is what the insurance company will likely use to determine fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You can try discussing this with the ombudsperson at your insurance company. They might be able to help you.

    thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like you might be at fault since the other vehicle was stopped.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that you will both be found to be 50 % at fault. This is often the case with parking lot accidents.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The rules in each country and/or province differ. You are best to check with the insurance company.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but each province/state has different laws. You are best to check with your state’s insurance laws.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It might be that you are both 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like it might be that both of you will be 50% responsible. Him for not making sure that the lane was clear and you for not stopping in time.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like the other driver might be at fault since she rear-ended you.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    In most cases, parking lot accidents are settled on a 50/50 basis. Depending on if the other driver was reversing it may be that you are at fault because you were reversing.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Your insurance company might be able to obtain that information for you.

    thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, the driver who is making the left turn is considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It may be that the driver exiting the driveway is at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The vehicle who reversed into you is likely at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like car B should be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like you would be at fault since you were reversing.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since you were reversing, it is likely that you would be considered to be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The insurance company will use Fault Determination Rules. Most insurance companies have these.

    You can ask your insurance professional if they have a copy.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like the other driver was 100% at fault for this accident. You should discuss your options with your insurance agent or broker.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If there is a police report, they might be able to tell.

    Thanks

  • Lexxy

    I was parked and was about to leave my parking spot. I have a small two-door car and couldn’t see all of the left side of my car because there was a car covering that side. As I proceeded to slowly back up, a car (I didn’t see him at all) hit from my back left side and he was reversing in the driving space. I would have figured he saw my car back out of the parking space since he had an unobstructed view of the back of his car while reversing. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Given that you were both reversing, it is likely that you are both 50% at fault.

    thank you

  • Agh

    So I was backing out of a parking lot and I made sure to go slowly. I didn’t notice that there was a guy sitting in his car to the left of my car. I ended up bumping into him and my car’s left side of the bumper has a dent while he has a really minor scratch. He didn’t have his emergency lights on and he claims he was “waiting” to turn in but he was sitting there since I got into my car which was 2-3 minutes before I backed up into him. Am I at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Yes, it is likely that you are at fault as he was not moving and you were reversing.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were both reversing that you will both be considered to be 50% at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, the driver making the left turn is considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If Car A has witnesses who can verify that they were stopped they would likely be found not at fault.

    If there are not witnesses then the chances are that liability would be 50/50.

    thank you

  • annoyeddriver

    Hello, while backing into parking space in store parking lot, the driver of the car in the next parking space backed up hitting driver side door. Who is at fault? The car parked was not moving when I began backing up into parking space.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were both reversing, you will be each considered 50% responsible.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time, the driver who is making the left turn is considered to be at fault.

    Thank you

  • annoyeddriver

    Even if I have video footage showing that we were backing up into a parking spot? Is that illegal? Why would this be 50% my fault for someone not looking into their mirrors?

  • Noel Nurse

    I am stopped and in park in a bus lane in Oleans, Ontario. A bus comes up from behind and hits me from behind. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time if both vehicles are reversing liability is 50/50. Insurance adjusters typically use certain fault determination rules for this.
    Speak with your adjuster and show the video, that may help your position.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    As you were stopped it is likely that it is the bus who would be considered at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time it is the driver who rear ends the vehicle in front who is considered to be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time it is the driver who is making the left hand turn who is at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that since you were reversing that you will be considered to be at fault.

    Thank you

  • jolip

    I was leaving a grocery store parking lot. There is a right turn only lane on the highway that I was getting onto to make a right at the light. I stopped at the stop sign, waited to all the cars went pass, looked left again then proceeded to turn. I was in the middle of my turn when a car hit me for the left side. It seemed to me that he was trying to cross into the lane without looking because I was already in the lane. The police officer says that more than likely I was at fault because I failed to yield. I disagree because I yield and looked again before turning. How am I at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The police officer said that likely because you were exiting from a stop sign and the other vehicle was on a highway.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Regardless of the weather conditions, it is usually the driver who rear-ends the vehicle in front who is at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like you might be at fault as you made the turn not in safety.

    Thank you

  • Pam

    My boyfriend was asked to move a friends car from one driveway to another. He told them that he didn’t feel comfortable doing it, but they insisted that he do it. While backing up he hit the garage causing damage to their truck. Does he have to pay for all the damages where they insisted he move the truck, or would he just have to pay for half of the damages? Thank you!

  • Sonya

    I was reversing on a street to pull into a parking spot, checked mirrors twice and blind spot and proceeded to reverse…then a guy pulls out of a driveway and hits me… Tiny damage to my car but pretty major damage to his. But Who’s fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Regardless of whether or not your boyfriend wasn’t comfortable. He hit the garage so he would be at fault for the damage.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    The majority of the time it is the driver who is reversing that is considered to be at fault.

    Thanks

  • Jo

    I was at a stop light and I looked and no one was coming so I got into the merge lane. Then I looked and didn’t see anyone next to me so I started to merge and then someone started honking so I moved back over and then was bumped from behind of the car. There was no damage to my car but her car had a dent in the bumper. Who’s fault would it be?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be that it’s 50/50 since you crossed over the lane to get back and the driver behind rear-ended you.

    Thanks

  • fausto412

    This just happened to me, who is at fault if there is a yield sign to merge to another road and the guy in front starts to go…so I look to see if I could go too and I hit the gas and he had changed his freaking mind and stopped so now i rear ended him.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Unfortunately since you rear-ended the driver ahead of you, you will be considered to be 100% at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If there are witnesses who can verify that the other driver moved into your lane you could be found to be not at fault. Otherwise, you may be at fault since it looks like a rear-end collision

    Thanks..

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    you can fight the careless driving charge by going through the court process. Given that there are witnesses I am not sure that you will be able to fight being found ‘at fault’ for the accident.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that car A is at fault as they were reversing.

    Thanks

  • Concerned Mom

    So my son is backing down a long driveway and there is a a pull off to park 2-3 cars that someone had backed into and parked in. While my son was backing down the driveway the person that had parked pulled out behind my son to try and beat him down the driveway. My son hit his passenger side qtr panel and door with his passenger side corner rear bumper. My son was in an SUV the other driver was in car, it was late at night and my son never saw him. Who’s fault is it?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that your son will be considered to be at fault as he was reversing.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It might be another case of 50/50 split in liability.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If car b has witnesses he might have a case but otherwise he might be at fault as he was making the lane change.

  • Otas

    There is a scenario on the picture. Orange car has to make right turn on the green traffic light, letting the blue car from opposite direction to pass by, but traffic light changes. Orange car is still standing in the middle of the junction, but right now yellow car has priority to drive. Orange collides into yellow’s back side, who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Is this an Ontario scenario?

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time the driver who was reversing is considered to be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Given that the other driver was charged with Wreckless driving it is likely that they will be considered to be at fault.

    Thanks

  • Russell

    I was backing out of a driveway, looking out of my passenger mirror and at the same time someone else was backing up the driveway, looking out their passenger mirror, we both didn’t see each other and collided. Who is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hi

    It is likely that you will both be considered to be 50% responsible.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Most of the time, the driver who is reversing will be considered to be at fault.

    Thanks

  • optomistic

    I was in parking lot at an Esso waiting in line for my turn at the pumps. I spotted a vehicle reversing from a parking spot who was headed in my direction. I sounded the horn numerous times, but it was useless and he nailed my rear quarter panel about the passenger side wheel. He wanted a cash settlement, but not seems like he’s trying to get out of it or he “wasn’t at fault” because it was on private property. What should I do and is he responsible for the accident?

  • Kristi

    Scenario: Car “A” is attempting to back out of a parking space and care “B” enters the parking lot and passes behind car “A” but then reverses in an attempt to back into the parking space directly behind car “A”, these two parking spaces are separated from each other by the parking lot thoroughfare. The simultaneous actions results in a rear end collision for the two reversing vehicles. If one car is backing OUT of a parking spot, and one care is backing INTO a parking spot, which results in a rear end collision, which driver is at fault?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    If you were stopped and he was reversing it is likely his fault.
    You should contact your insurance professional for their advice.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is most likely a 50% split for both drivers regarding the fault.

    Thanks

  • Sophie

    My car was stationery and parked in a supermarket, I was getting out of my car. When another car came flying in and hit the edge of my open door. They were travelling at some speed which was evident by the damage on their bumper. They got out and proceeded to shout at me and said it was my fault. How can it be my fault, if they are going too fast and not looking where they are going. No witnesses but supermarket may have a camera if need be.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You might be best to obtain the footage from the supermarket. It might help you prove that you were parked.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It sounds like the transport truck would be at fault as he did not merge safely into traffic.

    thanks

  • Mel

    I was driving down a residential street and turning into a drive way and a truck came and tried to pass me as I was turning who’s fault would it be ?

  • Lady_esme

    Hello I was turning left on a busy street there was a break in the traffic where I decided to move forward I’m he opposite side there was no traffic but the last car in the 3 lane street creeps up to what looks like to make a uturn and It scraps the left side of my car who is at fault

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Most of the time, the driver who is making the left turn is considered to be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    If you were indication to turn. It is likely that the other driver was at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that your husband will be considered at fault since he was the driver merging onto the highway.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Typically the driver who is reversing is the driver who is at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It sounds like the insurance company may decide that it’s 50/50 since the other driver should have checked for vehicles and they may think that you were going too fast to stop in time.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It sounds like driver 2 would be at fault as he did not merge in safely.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Most of the time, the driver who is moving would be at fault.

    Thank you

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    In parking lot collisions fault is often difficult to prove therefore the majority of the time the blame will be split 50/50.

    thanks

  • upset

    Yesterday I avoided a collision with a pickup as shown in your example 4 above by taking the curb, which caused damage to my vehicle with both passenger side tires, rims, and some minor undercarriage and front panel damage. The police officer advises I am NOT at fault, it is classified as a hit and run even though there was no hit – the other driver continued on his/her way in what had been my lane, and that I was extremely vigilant in avoiding what would have been a very serious collision. My insurance company is trying to tell me that this is an at fault accident and that I am at fault because the other driver did not collide with me. I am extremely upset by this, and am trying to figure out what my options are to have this changed to no fault or the other drivers fault – is there a way to appeal, or do I have to accept this verdict which is contrary to the police and law. And how is an insurance company able to provide a verdict which is different than the law – I don’t get it!

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    You have the option of taking you collision up with your insurance company ombudsperson. You can usually find the name of the person on the company website. If you can’t find the name there, you can ask your insurance adjuster for the name.

    Good luck

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    I am sorry but based on this description I can’t tell.
    you can check the insurance bureau of Canada website at http://www.ibc.ca
    You might find your scenario there

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    I am sorry but I don’t know. Most of the time when fault is in dispute it is settled on a 50/50 basis.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    It is likely that you are at fault since you were reversing you will be found to be at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    This would be considered an at fault loss and if you have collision coverage your insurance company may pay after you pay your collision deductible.

  • Laura Matthews

    Who is at fault if both drivers A and B are in left turn lanes and Driver A veers out of the turn lane as Driver B is proceeding with his left turn, because the roadway was clear of through traffic, and driver A hits driver B. Driver A did not signal a lane change back into through traffic and there wasn’t enough time for driver B to do anything?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    hello

    Unless you have witnesses it sounds like driver B might be considered at fault.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    You should check with the state and your insurance company to see if you are at fault.

    Thanks’

  • Tyler

    If I had to reverse to make a turn that I passed and that caused the vehicle behind me to reverse hitting the vehicle behind them am I at fault even tho I made no contact with either vehicle?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Probably not as it was the other driver who made contact.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely your fault as you were reversing.

    Thanks

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