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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.

Liability

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.

ExamplesRelated Motor Vehicle Act
Running stop sign, crossing thoroughfare Section 186
Crossing centre line, sideswiping vehicle Sections 150, 151, 154, 155
Leaving parking spot at curb Section 169
Leaving stop sign, hit vehicle in through street Section 175
Opening vehicle door into traffic Section 203
Rear-end collision Section 162
Reversing vehicle on roadway Section 193
Vehicle goes through red light Section 129
Crash at intersection with no traffic signals Section 173