How we assess responsibility in a crash
Many factors help us determine responsibility (also known as fault or liability) in a crash. Legislation covering the rules of the road, previous court cases, and information about the crash are all taken into account.
Collecting information about the crash
To determine responsibility, we first need to collect information about what happened at the crash. Your claims representative will ask you what happened and get statements from other drivers, witnesses and passengers if needed.
Your claim representative may also:
review police reports
consult with the estimator who reviewed the vehicle damage
review the rules of the road (as set out in the Motor Vehicle Act)
look at past court decisions for similar crashes
We will send you a letter notifying you if you have been found partially, fully or not responsible for the crash.
We want all the information possible to help resolve your claim. Witness statements may be used along with vehicle damage and incident statements to better understand what happened. Anyone present who saw the crash can be a witness. If an independent witness provides their information at the scene of the crash, a claim representative may contact them. Witnesses can also submit a witness report online.
You may find it helpful to review our crash examples, which help our claim representatives assess responsibility. For each crash, we describe what the rules of the road are and which sections of the Motor Vehicle Act apply.
Disagree with the responsibility assessment?
If you disagree with your assessment, talk to your claim representative about your options. Find out more about responsibility assessment disputes.