Ontario at fault rules

The Insurance Act in Ontario determines who is at fault and who is deemed to be not at fault. It is not uncommon in a claim to hear from a person that the situation should have been ruled differently. To try to establish some level of fairness the industry set up these rules and must follow them.

Once again, in a special circumstance an insurer may agree to not regard an accident as at fault for rating purposes. This can be done by purchasing the SEF 39 accident protection endorsement or through negotiation with the agent or broker. Do understand that though the insurer agrees not to charge you a higher premium due to the at fault accident your record will still show the at fault. Any payouts to the injured party will still be registered against your insurance record. Talk to your adviser to see what coverage you have.

The full article is available at the Financial Commission Services of Ontario site. Be aware that any claim determinations are made by the adjuster and your broker is not authorized to act in this capacity.

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