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.