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Fault Determination After an Accident: What You Should Know

May 7, 2013

car accident fault determinationWhen you have been involved in an accident there are many things running through your mind. Among them will be how the accident might impact you in the future, especially your car insurance rates. Insurance premiums go up when you are found at fault in an accident and deciding who is at fault is the job of the insurance adjusters who will investigate the accident.

At the Scene of an Accident

When an accident has just happened there may be confusion and people may be quick to place blame. It’s important not to admit to or discuss the fault of an accident at the scene, but to simply record the facts for the appropriate person to investigate. Taking photos and obtaining the names and contact information of witnesses are both helpful. If another driver as accusatory, it’s best not to engage with them but simply exchange information and tell them you will allow your insurance company to handle the situation.

If there are any injuries or a large amount of damage at the scene, or if any property is damaged, the police will need to be called. While the police will make a report and may issue traffic violations or even make an arrest, they do not determine fault in an accident for the insurance company. A police report will be one of the pieces of evidence used in the investigation of the crash, but it is not the final word.

How Insurance Companies Determine Fault

After an accident the insurance companies involved will begin their investigation. They will take statements from drivers, passengers, and witnesses and look at photographs of the scene if available, and of the damage. They will consider all of the rules of the road and any posted signs governing intersections, sections of road, or any other area where an accident might take place.

When all of the information has been compiled, the insurance company will make a determination as to how the accident happened and what the cause appears to have been. They will then determine who is at fault based on a set of rules. In Ontario the Fault Determination Rules are a province-wide rules by which all insurance companies must abide. No matter who carries your policy, they will have to use Ontario’s rules in order to decide fault in your accident.

Other provinces allow insurance companies to make their own fault determination rules, which they will use in judging each accident. Some accidents may be quick and simple, while others may take a little more investigation. Most insurance companies follow a clear set of rules based on previous accidents, which will help them to make accurate decisions.

Fault Percentages and Shared Fault

In some cases an accident may be the result of errors on the part of both drivers. In these situations the two insurance companies may agree to a shared fault determination. Fault can be determined at 100% for one party, 50/50 for both parties, or any other range of percentages.

When the fault in an accident is shared, it generally means that both insurance companies will be charging their respective insured drivers an increase on their insurance as a result of the accident. It’s important to note that even if you live in a no-fault insurance province, someone will still be found at fault in an accident. No-fault insurance means that your insurance company will pay your claim no matter who is found at fault, not that there is no fault at all. This misunderstanding is common and can lead to confusion when an accident does occur.

When You Disagree With a Fault Determination

As part of your insurance policy contract, you have the right to disagree with a fault determination and the appeal the decision. Every insurance company has a procedure in place by which you will be permitted to state your case and offer evidence for why you believe the fault determination to be incorrect. If needed, a third party mediator will be brought in to hear the appeal and make a final decision based on all of the evidence. All parties involved will have to abide by that decision once it is made.

Providing your insurance company with all of the facts from the start, taking pictures at the scene, and giving detailed and accurate statements can help insurance companies to make the right determination from the start. Although it might not avoid all situations in which an appeal becomes necessary, cooperating with the investigation is the best way to ensure an outcome that is satisfactory to everyone.

An at-fault accident may impact your insurance rates; but that doesn’t mean you have to overpay. Each insurance company charges different rates to insure the same driver, with the same driving history. If you have an accident on your record, it’s important to shop around for car insurance quotes and see how much you could save.

  • G Yablonski

    One of the major problems with many Ontario police forces is that the default charge in even minor accidents is careless driving. In many cases the charge should be following too closely, failure to yield, etc.. This policy causes the driver to dispute the charge by hiring a lawyer or paralegal who then negotiates a lesser charge without ever going to court. This places a needless burden on drivers and lines the pockets of former police officers and other in the legal system. Worse still, many drivers just plead guilty to get past it and then suffer for years with unduly inflated insurance rates. I have heard from several police officers that they are directed to use careless driving as the default charge. Sounds pretty scary to me….

  • Jas

    In my opinion if you hit someone because you are following to closely or made an improper lane change it should be an automatic careless driving ticket. Due to one’s carelessness other have been hassled. Regardless of weather condition the person that cause the accident should get a careless driving ticket. There should be a law where a careless driving ticket should be irreversible to indisputable. This would get all the careless drivers eventually off the road.

  • Henry

    6 months ago I fainted while driving veered off the road and hit a tree ,no one else was involved the hospital told me I had become dehydrated my blood pressure dropped and that was why I passed out the officer charged me with careless driving I argued it with the crown prosecuter but all she would offer me was a lesser charge unsafe lane change $80 and 2 demerits Wat a crock

  • steve

    my wife was been hit 3 times last year – all were not her fault. all claims were paid and no premium increase incurred. last night, someone backed out of a parking spot smack dab into my wife as she was slowly exiting a parking lot. sure enough, she was also not at fault this time. since i would guess the damage is between 4-5K, we we plan to report it today to both police and insurance company.

    Back in the 70′s, it was possibly to be placed in a high risk group even if you were not at fault.

    So here’s my question – with no fault insurance in place these days, can her insurance premium increased?

  • Sam

    I was going West to East and making a left turn to North at an intersection. I was hit at driver side while taking a left turn on green turning Amber signal by a car coming from the SIDE (traveling north to south) crossing red. But still, since I was talking the left turn the insurance company said i am at fault!!.
    There was no charge on either vehicle by Police. They said that I was not at fault. But the insurance company said I am held at fault as per their law!.
    Is there anyway I can challenge this decision, as it was clearly not my fault- How can i imagine or be prepared for someone coming from Side crossing red would hit me!?

  • Paul

    I approached an intersection behind two other vehicles with my left indicator on well in advance. The two cars in front of me were also indicating and turning left. When our green arrow advance came on we all began to turn. There was a traffic jam so, as I was the third car, I could not turn or I would block traffic. Then our advance was gone and I was forced to stay over the traffic line with a car behind me waiting for a safe chance to turn left. I was completely straight. The entire light expired. As the light began to turn red, I looked safely in all directions and began to turn as I was completely blocking traffic. At this time a car pulled through the red light with no indicator and turned left. At the last second I noticed and slammed my breaks. However, the lady still clipped my car with no damage, almost pushing me into oncoming traffic. , After we both exchanged info and she apologized, I made sure she was ok and we both left. The next day she called me and advised me she reported this to The Collision Reporting Center, so I did as well. I put all of this in my declaration, drew a diagram of the scene, they took pictures of my car and signed consent for both insurance providers to be able to gather the information. I never received a call or letter. My broker emailed me stating, It was determined to be “my fault” and my insurance is now sky rocketing . How is that possible? I could not reverse or I would hit the car behind me? I could not stay as I was blocking traffic? Therefore, I made sure it was “safe” and turned. She was at least three car lengths before the stop line with no indicator on when I began to turn. As the light was red, I am sure she was supposed to yield to traffic? I had no option but to go or block/get hit by the other traffic or reverse into the car behind me.There were no witnesses and I was advised her declaration states “yellow light and mine states red” Should it not be my word vs hers then? Therefore, both 50% (Which is still unfair in my opinion)???? How do I appeal this decision? Why didn’t I get a letter?


    What happens if the person was “speeding” whose fault would it be then?


    Shit that’s sad

  • James

    2 years ago my ex friends brother and me were out doing a job for his private company in a rented commercial truck. My ex friends brother turned from the middle lane to the left lane (3 lanes in total) cutting off a drive in thee left lane. While doing so the driver in the left lane reacted by going into the curb on their left. Now my ex friends brother had a suspended drivers license (which I did not know at the time) decided to flee the scene and return home. In no time at all the police contacted the owner of the truck and the owner contacted my ex friends parents to warn them at the police was coming to their home. His father peer pressured me into taking the blame because I was living with them and told me nothing would happen to me (I had just turned 18 but was still not thinking like a mature adult) When the police arrived I gave a statement saying I was driving and I safely merged from the middle lane to the left lane. 2 years later I have the other party trying to sue me for millions of dollars and they added me to a case in which they were involved in during 2012 at which time someone had passed away during that accident. I have evidence from social media in a chat with my ex friend telling me what to say to the insurance company to save themselves. Here is what was said among the chat me “alright but bill was driving bro not me I was in the passenger” ex friend replied saying “yeah man you want him to go to jail man ? Nothing is happening to you just relax” What Do I Do???

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

    your best bet is to seek legal advice for this.

  • jane

    unfortunately the same thing happened to me. how much increase of insurance will involved and how you are fighting it.

  • Ricky

    Unfortunately you were out in the intersection when you shouldn’t have been. You are technically supposed to remain behind the white lines while a single car in front of you proceeds into turning position and subsequently completes their maneuver. The way you have worded things here it seems like you did what 99% of the population does and crept up after the two cars in front of you, but the light expired before you could make your turn. Unfortunately, from both a legal AND insurance perspective, you are at fault because you should have stayed behind the lines, and in doing so, would have known the light would expire before you could turn.

    Again- you did what 99% of the population does- it just really sucks that this woman did what she did!

  • Ricky

    I respectfully disagree.There are two distinct charges in the law that deal with these. Careless driving is the default charge police are told to lay when they can’t be sure what happened- making it indisputable completely defeats the purpose of the ticketing system and our entire legal foundation which is based on have to establish guilt beyond a reasonable doubt.

    Careless should be reserved for people actually caught in the act of
    careless. It should not (as it is) be injudiciously laid against people
    when an officer is attending the scene because he or she is unable to
    determine with complete certainty that one party and one party only, is
    at fault.

    There are, sadly, people out in the world who exploit the insurance/legal system, by deliberately causing accidents in which they KNOW the other person will be at fault. By making a careless charge indisputable, you are keeping the most dangerous and manipulative drivers on the road.

  • Rasheeda

    In Nov. 2013 I was in the total left lane moving up approaching the intersection, the car in the lane on my right hit my passenger door with her drivers side as she was coming into my lane. No one was injured and the cop did a report, no one was charged also. Although the lady said I got her car. I didn’t go for therapy as I was ok, only my car was fixed. In March I get a letter saying they are suing my insurance for 3 million dollars. Can’t believe people can be so fraudulent.

  • sean parsley

    ms mrs == penny can you get me information ==on your legal team==im putting together something==Ontario no fault insurance is a crack to be smittin==id like to talk to ther people=im going to do something to stop the roads kraziness == please send contact number to ==timesoftime@aol.com ==I want to start a non profit==

  • Aidaly Rodriguez

    What if the insurance said it was 50 50 but there sueing me for the car damge but dosnt want to buy mine .. i font feel like i should have to but if we were put as 50 50 at fault

  • josh

    insurance act of ontario regulation 668 <———- google this…. these are the rules insurers HAVE to follow

  • Nina

    I was recently hit by a van as I was walking across a marked pedestrian cross walk, the van was completely stopped at the lights when the walk sigh singled it was my go to proceed in the cross walk, I did so after making sure all vehicles on either side of me were fully stopped as I was about 5-6″ from the curb a van that had been stopped and waiting to turn left actually did so as I was already in the cross walk he ended up accelerating into the left side of my body sending me into great panic and pain “and even More pain then I would have imagined the doctor says that it could be unclear as to what long term damage he has caused to my left side as there can be a lot of undetectable health issues that could heal or progress over time. the driver did not stop to check if I was okay he actually drove away when I when I was sitting on the curb paralyzed from the fear of it all, he had accelerated into me pushing be back 4-5″ the whole time being pressed up against his hood. he didn’t take his foot off the gas until I and another person started yelling and banging on his van. I had got his plate # and was reading it the 911 operator as he was driving away, a witness had tried to approach him before he drove away to ask if he could leave with us his details. this being said the 911 operator as well as the attending police officers knew he had drove away, the man that ended returning in the van 45min later was not the same man at all he pulled over asked me if I had infact called the police and if they were coming, I confirmed yes he stayed and waited for the police to arrive. the police once arrived knew he fled the seen and knew I had doubts about he wasn’t the driver but at time I was in a stated of shook I didn’t push it the man was given a ticket and I was told buy the police and fire crew to take is info and make a claim throu ICBC. what is wrong here or is it just me and am I allowed to push this matter further and take this case to court Please any info would help

  • Hannah

    I was recently driving and I had just passed an intersection in the left lane where a bus was turning ahead so all the cars were moving into the right lane to go around it. The car behind me was still in the intersection and I looked and no one was coming through the intersection on the right, so I signalled and started to turn but the car directly behind me decided to speed up and go instead of waiting his turn, changing lanes in the intersection, while I had already started to turn into the other lane. I saw him going too fast beside our car and tried to move back but the back side of his car near the wheel hit my front bumper on the side. I know it was not my fault – he was making an illegal lane change, but I’m thinking it might *look* as if it is my fault, like I was changing lanes and hit his car. I filed a police report and made a statement. My question is, will they still think it is my fault? Could they determine from the damage that he was the one going faster and was at fault? How much weight does my statement to the police carry? If they do determine I’m at fault, can I fight it? He didn’t even come to the collision centre, it was like he didn’t care at all. I took pictures and we were very close to the intersection so could that help them see he was changing lanes while still in the intersection? Could I send those to the insurance company if they say I am at fault? His car was also huge, it was one of those very large vans, he shouldn’t have been so aggressive/reckless. I tried to get an officer to come as this was my first real accident but of course they don’t send someone for something so minor.

  • Hannah

    Try looking into a personal injury lawyer.

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