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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 claim 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 or fully responsible for the crash.

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.