Ontario Fault Determination Rules for Accidents

Nobody is ever at-fault in a car accident… EVER!!!

I mean, according to the people I quote, it’s never their fault. it’s always somebody else’s fault.

Case in point… I just did a quote for a guy that said he had a not-at-fault accident. I asked him what happened. He said he was turning left at an intersection; the light turned yellow, he proceeded to turn, when the car traveling in the opposite direction hit him.

So I asked, how is this not YOUR fault. He replied that the other car was speeding and went through a yellow and, so, he had the right of way.

Aha!!! So that’s it. According to him, if I have the right of way, it cannot be my fault if I hit someone. So, by that reasoning, if there is a pedestrian walking on the 401, I can go ahead and hit him and it will not be my fault. After all, pedestrians are not allowed to walk on the 401, so I would have the right of way.

See where this is heading? Yes, creative reasoning won’t help you.

Regulation 668

Want to know how accidents in Ontario get assigned a fault percentage? There is a regulation under the Insurance Act that provides for fault percentage when it comes to accidents in Ontario, Regulation 668. You can read the act by clicking here. The act provides charts and descriptions for most accidents that occur.

What does regulation 668 say about cars that are involved in an accident while turning left?

From Regulation 668:

“If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.”

so there you have it, if you hit another car while turning left, it will be your fault, no matter the excuse you come up with.

On a side note, a lot of people think that if they say an accident happened because of weather conditions (ie. black ice), it will be considered not-at-fault. Wrong again. From Regulation 668: the degree of fault of an insured is determined without reference to the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians.

There you have it folks… Bottom line is – Drive safe and your insurance rates will remain good!

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