You Had A Car Accident - Whose fault was it?
August 27, 2015, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
After a car accident people ask two questions every time:
- Was anyone hurt?
- Whose fault was it?
The answer to the first question is a straightforward one – yes or no. The second question is far more complicated though, and depending on the lens of the observer the answer can be different. If the police are called they will make an assessment on the spot and may issue a ticket (with associated fines and points) to the driver they deem broke the law.
When the insurance companies examine accidents they determine the percentage of fault assessed to each driver in order to establish which insurance property damage policy applies, and to determine which driver policy(ies) will increase by how much. The Insurance act and Fault Determination Rules help to make the decisions consistent from claim to claim. Common law may also be applied.
There are some general principals though.
- In most rear-enders the vehicle that is his is generally not at fault. This may change if there is a chain reaction accident.
- T-Bone accidents and Left Turn Accidents become more complicated. Usually the person turning left (without and advanced green) is at fault, however, the percentage of fault can vary depending on the behavior of the other driver (speeding, on cell phone, running a red light).
- Parking lot accident liability is governed by usual traffic rules. If you hit a car while you are backing up, it’s your fault.
- Stop sign intersections are challenging.
Remember that anytime you lend your car, you lend your insurance as well. If the person driving your car has an accident it will be reflected on your insurance premiums.
|Posted under Personal Injury, ATV Accidents, Car Accidents, Spinal Cord Injury
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About Deutschmann Law
Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.
The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.