Assessing fault in a crash
We base decisions on the Motor Vehicle Act, the rules of the road, court decisions and previous cases.
How we assess fault in a crash
To figure out who's at fault, your adjuster first needs to collect information about what happened at the crash. He or she will ask you what happened, and get
statements from other drivers, witnesses and passengers if needed. Your adjuster may also
- review police reports
- visit the crash scene, and
- consult with the estimator.
To make a decision, your adjuster also considers what happened in
past court decisions for similar crashes, and consult the
rules of the road (the Motor Vehicle Act). You'll know usually within 30 days who's at fault.
Please note, the courts have the final say about who's liable for a motor vehicle crash.
Not happy with the fault decision?
If you don't agree with who's at fault, you may
appeal your fault determination.
See real examples of fault
You may find it helpful to read through real examples of crashes and fault. Remember though, since every crash is unique, legislative changes and case law evolves. Fault in your crash may be assessed differently than it is in these examples.