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Assessing fault in a crash

How do we assess 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

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, then 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.

Examples of crashes and fault

See real examples of fault »

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