Insurance Act

R.R.O. 1990, REGULATION 668

FAULT DETERMINATION RULES

Consolidation Period:   From December 31, 1990 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

GENERAL

1.   In this Regulation, “centre line” of a roadway means,
(a)   a single or double, unbroken or broken line marked in the middle of the roadway, or
(b)  if no line is marked, the middle of the roadway or that portion of the roadway that is not obstructed by parked vehicles, a snowbank or some other object blocking traffic.   R.R.O. 1990, Reg. 668, s. 1.

2.  
(1)   An insurer shall determine the degree of fault of its insured for loss or damage arising directly or indirectly from the use or operation of an automobile in accordance with these rules.   R.R.O. 1990, Reg.668, s. 2 (1).

(2)   The diagrams in this Regulation are merely illustrative of the situations described in these rules.   R.R.O. 1990, Reg. 668, s. 2 (2).
  
3.   The degree of fault of an insured is determined without reference to,
(a)  the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians; or
(b)   the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.   R.R.O.1990, Reg. 668, s. 3.

4.   (1)   If more than one rule applies with respect to the insured, the rule that attributes the least degree of fault to the insured shall be deemed to be the only rule that applies in the circumstances.   R.R.O. 1990, Reg. 668, s. 4 (1).

(2)  Despite subsection (1), if two rules apply with respect to an incident involving two automobiles and if under one rule the insured is 100 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.   R.R.O. 1990, Reg. 668, s. 4 (2).

5.   (1)  If an incident is not described in any of these rules, the degree of fault of the insured shall be determined in accordance with the ordinary rules of law.   R.R.O. 1990, Reg. 668, s.5 (1).

(2)   If there is insufficient information concerning an incident to determine
the degree of fault of the insured, it shall be determined in accordance with the ordinary rules of law unless otherwise required by these rules.   R.R.O. 1990, Reg. 668, s. 5 (2).

RULES FOR AUTOMOBILES TRAVELLING IN THE SAME DIRECTION AND LANE

6.  
(1)   This section applies when automobile “A” is struck from the rear by automobile “B”, and both automobiles are travelling in the same direction and in the same lane.   R.R.O. 1990, Reg. 668, s. 6 (1).

(2)  If automobile “A” is stopped or is in forward motion, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 percent at fault for the incident.

Diagram
  R.R.O. 1990, Reg. 668, s. 6 (2).

  
(3)  If automobile “A” is turning, either to the right or to the left, in order to enter a side road, private road or driveway, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
  R.R.O. 1990, Reg. 668, s. 6 (3).

(4)  If automobile “A” is in forward motion and is entering a parking place
on either the right or the left side of the road, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
  R.R.O. 1990, Reg. 668, s. 6 (4).

7.  
(1)   This section applies when automobile “A” collides with automobile “B” while automobile “B” is entering a road from a parking place, private road or driveway.   R.R.O. 1990, Reg. 668, s. 7 (1).

(2)  If the incident occurs when automobile “B” is leaving a parking place
and automobile “A” is passing the parking place, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 percent at fault for the incident.

Diagram
  R.R.O. 1990, Reg. 668, s. 7 (2).

  
(3)  If the incident occurs when automobile “B” is entering a road from a private road or a driveway and automobile “A” is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram

  

R.R.O. 1990, Reg. 668, s. 7 (3).

  
8.  If automobile “A” collides with automobile “B” on a controlled access
road while automobile “B” is entering the road from an entrance lane, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 8.

  
9.  
(1)   This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in the same lane (a “chain reaction”).   R.R.O. 1990, Reg. 668, s. 9 (1).

(2)  The degree of fault for each collision between two automobiles involved
in the chain reaction is determined without reference to any related collisions involving either of the automobiles and another automobile.  R.R.O. 1990, Reg. 668, s. 9 (2).

(3)   If all automobiles involved in the incident are in motion and automobile “A” is the leading vehicle, automobile “B” is second and automobile “C” is the
third vehicle,
(a)   in the collision between automobiles “A” and “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 50 per cent at fault for the incident;
(b)   in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 9 (3).

(4)   If only automobile “C” is in motion when the incident occurs,
(a)       in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and
(b)      in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100
per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 9 (4).

RULES FOR AUTOMOBILES TRAVELLING IN THE SAME DIRECTION IN ADJACENT LANE

10.  
(1)   This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.   R.R.O. 1990, Reg. 668, s. 10 (1).

(2)   If neither automobile “A” nor automobile “B” changes lanes, and both
automobiles are on or over the centre line when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 10 (2).

(3)   If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 10 (3).

(4)   If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 10 (4).
(5)   If the incident occurs when automobile “A” is turning left at an intersection and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is 25 per cent at fault and the driver of automobile “B” is 75 per cent at fault for the incident.
  

Diagram
R.R.O. 1990, Reg. 668, s. 10 (5).

(6)   If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.

Diagram

  

R.R.O. 1990, Reg. 668, s. 10 (6).

(7)   If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is passing one or more automobiles stopped behind automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 10 (7).

11.   (1)   This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in adjacent lanes (a “pile-up”).   R.R.O. 1990, Reg. 668, s. 11 (1).
(2)   For each collision between two automobiles involved in the pile-up, the driver of each automobile is 50 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 11 (2).

  

RULES FOR AUTOMOBILES TRAVELLING IN OPPOSITE DIRECTIONS  
12.   (1)   This section applies when automobile “A” collides with automobile “B”, and the automobiles are travelling in opposite directions and in adjacent lanes.   R.R.O. 1990, Reg. 668, s. 12 (1).
(2)   If neither automobile “A” nor automobile “B” changes lanes and both automobiles are on or over the centre lane when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.
Diagram
  R.R.O. 1990, Reg. 668, s. 12 (2).

(3)   If the location on the road of automobiles “A” and “B” when the incident(a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 12 (3).

(4)   If automobile “B” is over the centre line of the road when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 12 (4).

  
(5)   If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 12 (5).

(6)   If automobile “B” is leaving a parking place or is entering the road from a private road or driveway, and if automobile “A” is overtaking to pass another automobile when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Diagram
R.R.O. 1990, Reg. 668, s. 12 (6).

  

RULES FOR AUTOMOBILES IN AN INTERSECTION
13.   (1)   This section applies with respect to an incident that occursat an intersection that does not have traffic signals or traffic signs.   R.R.O. 1990, Reg. 668, s. 13 (1).

  (2)   If automobile “A” enters the intersection before automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 13 (2).
  
(3)  If automobiles “A” and “B” enter the intersection at the same time and
automobile “A” is to the right of automobile “B” when in the intersection, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.  R.R.O. 1990, Reg. 668, s. 13 (3).

(4)   If it cannot be established whether automobile “A” or “B” entered the intersection first, the driver of each automobile shall be deemed to be 50 per cent
at fault for the incident.   R.R.O. 1990, Reg. 668, s. 13 (4).

14.   (1)   This section applies with respect to an incident that occurs at an intersection with traffic signs.   R.R.O. 1990, Reg. 668, s. 14(1).

(2)   If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14 (2).

(3)   If the driver of each automobile fails to obey a stop sign, the driver of each
automobile is 50 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14 (3).

(4)   If it cannot be established who failed to obey a stop sign, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14(4).

(5)   If, at an all-way stop intersection, automobile “A” arrives at the intersection first and stops, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14(5).

(6)  If, at an all-way stop intersection, both automobiles arrive at the intersection at the same time and stop, with automobile “A” to the right of automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14 (6).

(7)   If it cannot be established who arrived at the all-way stop intersection first, the
driver of each automobile shall be deemed to be 50 per cent at fault for the incident.   R.R.O. 1990, Reg. 668, s. 14 (7).

15.   (1)   This section applies with respect to an incident that occurs at an intersection with traffic signals.   R.R.O. 1990, Reg. 668, s. 15 (1).

(2)   If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.   R.R.O. 1990,Reg. 668, s. 15 (2).

(3)   If it cannot be established whether the driver of either automobile failed to obey a traffic signal, the driver of each automobile shall be deemed to be 50 per cent at fault
for the incident.   R.R.O. 1990, Reg. 668, s. 15 (3).

(4)   If the traffic signals at the intersection are inoperative, the degree of fault of the drivers shall be determined as if the intersection were an all-way stop intersection.   R.R.O. 1990, Reg. 668, s. 15 (4).

RULES FOR AUTOMOBILES IN PARKING LOTS
16.   (1)   This section applies with respect to incidents in parking lots.   R.R.O. 1990, Reg. 668, s. 16 (1).(2)   The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in ccordance with this Regulation as if the thoroughfare were a road.   R.R.O. 1990, Reg. 668, s. 16 (2).

(3)   If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.   R.R.O.1990, Reg. 668, s. 16 (3).

(4)   If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.   R.R.O. 1990, Reg. 668, s. 16 (4).

(5)   In this section, “feeder lane” means a road in a parking lot other than a   horoughfare; “thoroughfare” means a main road for passage into, through or out of a parking lot.   R.R.O. 1990, Reg. 668, s. 16 (5).

RULES FOR OTHER 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.   R.R.O. 1990,
Reg. 668, s. 17 (1).

(2)   If automobile “A” is illegally parked,
stopped or standing when it is struck by automobile “B” and if the
incident occurs outside a city, town or village, the driver of
automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident.   R.R.O. 1990, Reg. 668, s. 17 (2).

18.   The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident in which automobile “A” collides with automobile “B” when the driver of automobile “A” fails to obey,

       (a)       a police officer’s direction;
       (b)       a do not enter sign;
       (c)       a prohibited passing sign; or
       (d)       a prohibited turn sign.   R.R.O. 1990, Reg. 668, s. 18.

19.   The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs,
       (a)       when automobile “A” is backing up;
       (b)       when automobile “A” is making a U-turn; or
      (c)       when the driver of, or a passenger in, automobile “A” opens the
automobile door or leaves the door open.   R.R.O. 1990, Reg. 668, s. 19.

RULES WHEN A DRIVER IS CHARGED WITH A DRIVING OFFENCE
20.   (1)   For the purposes of this Regulation, a driver is considered to be charged with a driving offence,
(a)       if, as a result of the incident, the driver is charged with operating the automobile while his or her ability to operate the automobile was impaired by alcohol or a drug;
(b)       if, as a result of the incident, the driver is charged with driving while his or
her blood alcohol level exceeded the limits permitted by law;
(c)       if, as a result of the incident, the driver is charged with an indictable offence related to the operation of the automobile;
(d)       if the driver, as a result of the incident, is asked to provide a breath sample and he or she is charged with failing or refusing to provide the sample;
(e)       if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour.   R.R.O. 1990, Reg. 668, s. 20 (1).

(2)   The degree of fault of the insured shall be determined in accordance with the ordinary rules of law, and not in accordance with these rules,

(a)       if the driver of automobile “A” involved in the incident is charged with a driving ffence; and

(b)       if the driver of automobile “B” is wholly or partly at fault, as otherwise determined under these rules, for the incident.   R.R.O. 1990, Reg. 668, s. 20 (2).

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  • 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.

  • 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.

  • 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.

  • InsuranceHotline

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

  • 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 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.

  • 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

    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.

  • 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.

  • 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

    Hi Anna,

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

  • 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!

  • 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.

  • 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

  • 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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  • 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!