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.
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.
If you don't agree with who's at fault, you may appeal your fault determination.
You may find it helpul 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.
|Examples||Related Motor Vehicle Act|
|Running stop sign, crossing thoroughfare (PDF)||Section 186|
|Crossing centre line, sideswiping vehicle (PDF)||Sections 150, 151, 154, 155|
|Leaving parking spot at curb (PDF)||Section 169|
|Leaving stop sign, hit vehicle in through street (PDF)||Section 175|
|Opening vehicle door into traffic (PDF)||Section 203|
|Rear-end collision (PDF)||Section 162|
|Reversing vehicle on roadway (PDF)||Section 193|
|Vehicle goes through red light (PDF)||Section 129|
|Crash at intersection with no traffic signals (PDF)||Section 173|