How Is Fault Determined In Ontario?

The procedure that Ontario uses for the determination of fault has been spelled-out in the Ontario Insurance Act. That contains rules that apply to insurance companies, as well as rules that apply to drivers.

What rules in the Insurance Act are directed at Ontario’s insurance companies?

Each of those companies must use the procedure outlined in the Province’s Insurance Act, when seeking to determine who should be found at-fault for a given accident. The same Act provides Ontario’s insurance companies with a specific method for using the outlined procedure.

What rule in the Insurance Act has been directed at all drivers?

Every driver in Ontario must carry the minimum amount of liability insurance.

What specific method must an insurance company use, when it seeks to determine who should be named at-fault for a given accident?

The method to be used varies; the ideal method must match with the type of claim that has been filed by the driver that has blamed the other party. The Act offers details on the method used for each type of claim.

The issue of fault does not matter, when it comes time to deliver the statutory benefits.

Each involved driver applies to his or her own insurance company, when seeking the statutory benefits. The statutory benefits cover medical and rehabilitation expenses, income replacement and the cost of attendant care.

Who pays for damage to the vehicles that were involved in the collision?

The drivers that were not responsible for the accident must file a tort claim against the responsible driver. If the claimant/driver negotiates a settlement or wins a lawsuit, the responsible driver can be asked to pay for all repairs to the damaged vehicle.

How does Ontario’s no-fault system differ from the no-fault insurance in some of the states in the U.S.?

In the United States, the person that has been found to be at-fault for a given collision needs to pay the collision deductible. The size of that deducible has been specified in the driver’s automobile insurance policy. After that deductible has been paid, then the insurance company for the responsible driver must cover any added costs created by the necessary repairs.

The Ontario Insurance Act makes no mention of collision deductibles. In order to cover the costs of repair work on a damaged vehicle, the driver that is not responsible for the accident that caused the damage must enter a tort claim. Ideally, that claim will lead to payment of a fair compensation by the at-fault driver.

What actions must the 2 drivers take? They can negotiate a settlement, attend a mediation session or seek to settle their dispute in court. Both of them should plan to hire a Personal Injury Lawyer in Brampton.

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