How Fault Determination Rules Affect Your Insurance

Introduction

Fault Determination rules are the standards insurance companies use to decide who’s responsible after a car crash. They’re the rulebook that determines who pays for what damages and why.

Why should you care?

Your wallet is important; these fault determination rules directly affect how much you pay by influencing deductibles, whether your premiums will rise or fall, and whether you might run into legal problems down the road.

What we’ll cover

We’re looking at how fault determination rules work across Canada’s major provinces – Ontario, BC, Alberta, and Québec. This blog helps regular drivers understand the system, but it’s also useful for insurance professionals handling claims.

Ontario’s Fault Rules (Regulation 668)

The basics of Regulation 668

Ontario’s system uses preset percentages based on the kind of collision to assign faults. These fault determination rules apply independently of charges or traffic tickets recorded at the scene.

Core principles to understand

Each scenario has specific fault percentages already mapped out (0-100%)
Weather doesn’t matter – ice, snow, fog won’t change your fault percentage
Where your car got damaged generally doesn’t affect the fault
These rules apply whether one car was parked or multiple vehicles were involved

Common crash scenarios

The situation	Who’s typically at fault
Pulling onto a road	The entering vehicle usually takes 100% blame
Making a left turn	Left-turner typically eats 100% of the fault
Chain reaction crashes	First car: 0%, middle cars: 50%, last car: 100%
Parking lot mishaps	Moving car usually at fault when hitting parked vehicles
Merging onto highways	The merging driver typically takes full responsibility

Rules and applications

Ontario’s system has different rules for different scenarios. Adjusters turn to general negligence ideas and past court rulings when your circumstances don’t cleanly fit a particular rule to help you sort things out.

How Other Provinces Handle Fault

British Columbia

BC recently overhauled its system, switching from the traditional fault-based approach to a care-based model. Their rules have important differences from Ontario’s framework.

Alberta

Fault codes created by Alberta’s Automobile Insurance Rate Board are used in her system. Although they have produced variants that reflect Alberta’s particular driving conditions and collision patterns, they essentially mirror Ontario.

Québec

Québec takes a unique approach by splitting the system – bodily injuries fall under pure no-fault rules, while property damage claims still depend on who caused the crash.

Province-by-province breakdown

This shows how fault determination rules are assigned in various types of vehicle collisions across four Canadian provinces: Ontario, British Columbia (BC), Alberta, and Québec.

Crash type	Ontario	BC	Alberta	Québec
Getting rear-ended	Rear driver: 100%	Rear driver: 100%	Rear driver: 100%	Rear driver: 100%
Left turn crashes	Left-turner: 100%	Left-turner: typically 100%	Left-turner: typically 100%	Left-turner: 100%
Lane changes	Lane-changer: usually 100%	Lane-changer: usually 100%	Lane-changer: 100%	Lane-changer: 100%
Parking lots	Moving car: usually 100%	Depends on specifics	Moving car: usually 100%	Moving car: 100%

Rear-End Collisions

All Provinces: The driver who rear-ends another vehicle is generally deemed 100% at fault. This is based on the presumption that drivers should maintain a safe following distance to prevent such accidents.

Left-Turn Crashes

Ontario & Québec: The driver making the left turn is typically found 100% at fault, as they must yield to oncoming traffic.
BC & Alberta: While the left-turning driver is usually at fault, there may be exceptions based on specific circumstances, such as the speed of the oncoming vehicle or traffic signal violations.

Lane Change Incidents

All Provinces: The driver changing lanes is generally held 100% at fault, as they are responsible for ensuring the lane is clear before making the maneuver.

Parking Lot Accidents

Ontario, Alberta & Québec: If a moving vehicle collides with a stationary one, the moving driver is typically found at fault.
BC: Fault determination depends on the specifics of the incident, such as right-of-way rules and the movements of the vehicles involved.

How Fault Affects Your Insurance

Coverage differences in Ontario

Direct Compensation covers your car when someone else caused the crash. Collision coverage kicks in when you’re at fault or when blame isn’t clear-cut.

Impact on injury claims

Your fault percentage directly affects what compensation you might receive. Even in no-fault provinces, the benefits available to you might vary depending on your responsibility in the crash.

What happens to your premiums

Getting assigned fault typically means your rates will climb. How much depends on:

Whether you’re 50% or more at fault (generally considered a chargeable accident)
Your insurance company’s rating system
Your previous history of claims
Whether you have accident forgiveness on your policy

When crashes happen across borders

For Canadian drivers involved in crashes with American vehicles on Canadian roads, our fault rules generally apply. This creates some complicated situations when processing claims across different insurance systems.

Finding Better Insurance

The premium hit from an at-fault crash

After being found at fault, most drivers face rate increases that stick around for 3-6 years. This is exactly when shopping around makes the most sense.

A smarter way to shop after a crash

BeatMyInsurance.com streamlines finding coverage after fault determinations:

Share your details once and get multiple quotes without endless phone calls
Easily communicate your accident specifics through the platform
Keep all your insurance paperwork in one secure place for easy reference

Broker expertise when you need it most

Through BeatMyInsurance.com, you connect with brokers who:

Know the ins and outs of provincial fault rules
Can suggest insurers with more forgiving policies for your situation
Provide straight talk about when to adjust coverage versus maintaining full protection

What To Do After a Crash

Right after impact

Collect everything that matters:

Take photos from multiple angles showing car positions, damage, and the overall scene
Get names and contact info from all drivers and witnesses
Record police report details and the officer’s information
Write down the road conditions and weather at the time

Dealing with your insurance company

Report what happened right away, preferably within 24 hours. Have your information ready and know your insurer’s deadlines for filing paperwork.

Understanding your fault assessment

The insurance company looks at vehicle positions, where the impact occurred, traffic signs or signals, and driving actions leading up to the crash. They apply relevant fault determination rules to your specific situation.

Fighting a fault decision you disagree with

If the fault assessment seems wrong:

Ask for a written explanation of their decision
Provide any additional evidence you have
File a formal appeal with your insurance company
Consider mediation if available
Talk to a lawyer for major disputes where significant money is at stake

Smart Moves To Protect Yourself

Document absolutely everything

Take tons of photos, invest in a dashcam, and get detailed witness statements. Evidence collected immediately after a crash often makes or breaks your case when fault is being determined.

Know your policy cold

Understand what coverage types you have, what your deductibles are, and where your policy limits stand before anything happens. This knowledge gives you a huge advantage when navigating claims.

When to bring in legal help

Consider talking to a lawyer when:

The fault decision dramatically affects your claim value
You’ve been seriously injured
The insurer’s decision contradicts what happened
Several vehicles or parties are involved, creating a complex liability situation

Common Questions Answered

What happens when multiple fault determination rules could apply?

Insurance companies typically use the rule that most specifically addresses your exact collision circumstances.

Do bad roads or weather conditions affect the fault?

While the rules themselves don’t factor these in, these conditions might influence judgments in situations where general negligence principles come into play.

Can I take an insurer to court over a fault decision?

Yes – you can dispute through their internal process and potentially through legal action, though courts usually defer to the established rules unless they were misapplied.

How often do these rules change?

Rarely. Ontario’s rules have stayed largely the same for years, though how they’re interpreted evolves through court decisions over time.

Moving Forward

Knowing these fault determination rules puts you in a stronger position after any collision. This knowledge helps you gather the right evidence, communicate effectively with insurance companies, and challenge incorrect fault assignments when necessary.

The most important protection is documenting everything immediately after a crash. Keep a checklist in your glove compartment so you’re prepared if the unexpected happens.

For complicated situations or major claims, getting advice from experienced professionals who know your province’s specific fault determination rules can significantly impact your outcome. Don’t hesitate to seek help when the stakes are high.