Question: I was hit from behind at an intersection in Kingston. The driver that hit me said the accident was my fault because the light turned green and I didn’t move forward, so he hit me as he was trying to pass me on the left. I was injured in the accident. If the accident is my fault, does that mean I cannot receive accident benefits?
Answer: A rear-end accident is a rear-end accident. Even if you didn’t move forward, the driver who tried to pass you and hit you from behind will probably be found to be at-fault. The law in Ontario is straightforward regarding rear-end auto accidents. In general, the person who rear-ends the car ahead is most likely at fault for causing a rear-end accident in Ontario. The Supreme Court of Canada has held that in general, when a car hits another car from behind, the driver of the rear car is at fault. Beaumont v. Ruddy, [1932] O.R. 441.
Drivers need to leave proper following distance between themselves and the vehicles in front of them to avoid a rear-end collisions.
In a rear-end accident caused by a driver trying to pull past an automobile, as in your case, the driver who hit you will probably be found to be liable for the accident. The fact that you did not move forward does not mean you were at fault. The driver should have waited until you moved forward before trying to pull past you.
In terms of your accident benefits, you are still eligible to receive benefits from your auto insurance company. Even if you did cause the accident (which was not the case), you can still receive accident benefits from your auto insurance company. Such benefits include: medical and rehabilitation care benefits and income continuation benefits.
In addition, you may also be able to recover compensation from the at-fault driver.
Even simple accidents, such as rear-end accidents, can lead to serious or catastrophic injuries such as head injuries or spinal cord injuries. It is important to talk to a car accident lawyer who can help you through the claim and litigation process. To ensure you receive just compensation, call us to schedule a FREEconsultation. 1-866-384-5886
