Determining Driver Responsibility
In most provinces, fault is determined by inter-company settlement rules, which are agreements made between the insurance companies of the drivers involved.
Drivers in Ontario and New Brunswick are subject to what is popularly known as No-fault insurance, which is actually the mandatory Direct Compensation-Property Damage (DCPD) portion of their auto insurance policies. With no-fault insurance, drivers are compensated for damages only by their own insurance companies, based on the extent to which the policy holder is responsible for the accident.
Insurers determine responsibility for an automobile accident according to the Insurance Act, which includes the province’s Fault Determination Rules (FDRs). The FDRs include guidelines for how to find the extent to which you or another driver involved in the accident is responsible for it. The diagrams and descriptions of typical accident scenes in the FDRs help to determine driver responsibility and fair compensation for everyone involved.
Each fault determination rule includes a brief description of the interaction between automobile A and automobile B, and a diagram of a typical scene for each case. When you get your fault determination information from your insurer, they will let you know which vehicle represents you.
For example, in the following situation, two vehicles are travelling in the same direction and lane:
Automobile A is hit from behind by automobile B. According to the FDR, if automobile A is stopped or moving forward, the driver of automobile A is not at fault, and the driver of automobile B is 100% at fault.
In the Insurance Act, the FDR diagrams are divided into several sections:
- Rules for automobiles travelling in the same direction and lane
- Rules for automobiles travelling in the same direction in adjacent lanes
- Rules for automobiles travelling in opposite directions
- Rules for automobiles in an intersection
- Rules for automobiles in parking lots
- Rules for other circumstances
- Rules when a driver is charged with a driving offence
Other rules to keep in mind when fault is being determined:
- If you’re in an accident where more than one rule applies to the situation, the rule that attributes the least degree of fault to you, as the insured, is the one that applies.
- If two rules apply to the accident involving you and another automobile, and if under one rule you’re 100% at fault, you’ll actually be considered 50% at fault for the accident as a whole.
- If there isn’t a description for the accident in the FDRs, or if there isn’t enough information about the accident to determine fault, then ordinary rules of law apply.
- If you’re involved in an accident in a province where no-fault applies, the driver who is 100% at fault will not be responsible for paying the deductible.