What Are My Rights in Ontario if I Am Deemed Not at Fault in an Accident?
What is No-Fault Insurance?
No-fault insurance is a legal mandate that broadly determines how claims are handled by insurance companies. No-fault insurance means that regardless of who is at fault for a motor vehicle accident, each driver’s insurance will handle their own driver’s claims. While someone will always be partially or fully to blame for an accident, it is the insurers’ responsibility to determine each operator’s position of responsibility risk to determine how policies will be impacted. This is done by each driver being assigned a percentage of the fault, determined according to the Fault Determination Rules. Insurance companies will use these guidelines when examining the scenario of an accident and assigning fault to each party involved given the factual circumstances of the event.
No-fault insurance can be complicated to understand. Some common misconceptions include:
- You will never be found at fault if you are involved in an accident.
- If no one is to blame for an accident, your insurer will not determine who caused it.
- After an accident, a no-fault accident will not go on your driving record.
Despite the misleading name, insurance companies will always investigate an accident to determine who is at fault so as to settle accounts between themselves for physical damages.
If you are deemed not at fault in an accident in Ontario, you have the right to hold the at-fault defendant responsible in a lawsuit, if you meet certain conditions. Consequently, it is essential that you contact an experienced personal injury lawyer. If you’ve been involved in a motor vehicle accident as a result of someone else’s negligence, contact our team of professionals.