A common question folks have after a collision is: “Can I get a settlement if the accident was my fault?” The answer: sometimes yes. The reason is two- fold:
- Ontario has a no-fault insurance system that provides certain benefits to accident victims regardless of fault;
- Fault is not always all-or-nothing. Sometimes even where you’re at fault, other folks may be at fault too.
This blog explains how fault works in Ontario, what benefits are available, and when an at-fault driver may still pursue a claim.
No-Fault Accident Benefits
Like the name implies, you can receive no-fault accident benefits even when you’re at fault. These benefits are called Statutory Accident Benefits (SABs). They are typically provided by your own auto insurer and may include:
- Medical and rehabilitation benefits
- Income replacement benefits
- Attendant care benefits
- Caregiver and non-earner benefits
- Funeral and death benefits
Even if you are 100% responsible for the accident, you can still apply for these benefits. The only exceptions involve situations like driving uninsured, using a stolen vehicle, or committing certain criminal offences.
It’s important to know that your no-fault accident benefits insurer is under no obligation to pay you a settlement. They just have to pay you the benefits you’re entitled to.
That said, sometimes you can come to an agreement with your accident benefits insurer where they will pay you a lump sum to settlement to resolve your accident benefits claim on a full and final basis. There can be significant legal consequences to doing this, and it is really important you seek assistance from an experienced car accident lawyer before settling your SABs claim.
SABs are complicated and you want to make sure you understand exactly what you’re giving up by settling.
Can an At-Fault Driver Still Get a Tort Settlement?
When you’re in an accident and someone else is at fault, you can sue the person(s) at fault for the accident for those losses above and beyond what the SABs will cover.
Just because you’re at fault, doesn’t mean that no one else is. Fault doesn’t have to be binary. If another person contributed to the crash, even slightly, you may still be able to bring a claim for damages. For example:
- If you’re 70% at fault and the other driver is 30% at fault, you may still recover 30% of your total damages.
- If poor road maintenance contributed to the accident, you might have a claim against a municipality.
- If you drink and drive, even though you made a bad decision, the bar that overserved you may bear some responsibility as well.
When someone’s injuries are catastrophic, it is especially important to consider whether there is even a specter of fault on another person. Even a small amount of blame can result in a large settlement when injuries are catastrophic.
Bottom Line: Being At Fault Doesn’t End Your Claim
If you’ve been seriously injured in a car accident—regardless of fault—consulting a personal injury lawyer can help you understand your rights, your benefits, and your potential settlement options.
