The Ontario Fault Determination rules are a regulation under the Ontario Insurance Act enacted by the Parliament of Ontario to assess and establish driver responsibility after car accidents in Ontario. However, these Rules only affect how much fault your own insurance company says you have after an accident, and don’t necessarily apply in the case of a Tort Lawsuit for negligence or money compensation from a personal injury claim.
How Do Ontario’s Fault Determination Rules Work?
What this means is that while the Fault Rules say which driver was responsible for an accident for the purpose of premiums and reimbursement for example, they don’t apply to your ability to sue for compensation necessarily.
Under the Fault Rules, accidents are either 0%, 25%, 50%, 75%, or 100% at fault.
Can Being at Fault Affect Your Car Insurance Rates?
A fault rating between 50–100% might affect the driver’s and insurance policyholder’s future risk factor and therefore future insurance rates, but again, likely isn’t relevant to a lawsuit.
It’s a complicated system and thus important to consult with a personal injury lawyer on your specific facts.
Do the Fault Determination Rules Apply to Every Car Accident in Ontario?
The Fault Rules are for most accidents in Ontario, however, under some circumstances the Fault Rules do not apply and responsibility can be determined by car accident case law from the Courts instead.
Car accidents outside of Ontario are determined by the law of the Province or State where the crash occurred.
Can You Sue After a Car Accident in Ontario?
Even if your insurance company determines that you were partially at fault for an accident, you may still have legal options. Fault in a personal injury lawsuit is determined separately from the insurance company’s assessment under the Fault Determination Rules.
Depending on the circumstances, injured individuals may be entitled to compensation for pain and suffering, income loss, and other accident-related damages. Ontario’s automobile insurance laws also impose certain restrictions and requirements on these claims.
If you’ve been injured in a car accident in Ottawa, Kingston, or elsewhere in Eastern Ontario, contact Bergeron Clifford Injury Lawyers for a free consultation. Our team can help you understand how fault may affect your personal injury claim and what legal options may be available.
