There are quite a lot of things which need to be thoroughly accounted for when it comes to assigning fault in a car accident. With this in mind, it’s important to understand that the province of Ontario is governed by the Insurance Act. Characteristically for Canada, different provinces enact slightly different regulations for certain instances and that’s something that you need to account for.
When it comes to fault in car accidents, in the province of Ontario there is the so called “no fault” rule. It’s duly stipulated in the Rules of Fault Determination which are laid out in the Insurance Act. Now, this is something particularly important and you should definitely be aware of it because it’s truly a game-changing regulation which brings a lot of consequences.
What is the No-Fault Rule?
This is a legal stipulation which basically allows every participant in a car accident to seek reparations of the damages he’s sustained regardless of whether or not he is at fault. Not all countries adopt this legal doctrine and in some of them if you are found guilty or negligent, you wouldn’t be capable of getting the compensation from your own insurance company.
What Does This Mean?
This means that the victim in a car accident can address his insurance company directly in order to seek monetary reparations. Of course, there are certain extents which need to be accounted for but unless you’ve committed a crime or have been driving under the influence, you should be capable of getting compensation.
What happens to fault distribution?
Fault is still assigned. In fact, the insurance company is going to conduct a comprehensive internal investigation of the case in order to be able to assign fault to it. Both parties’ behavior will be assessed and if you are at fault, you will be assigned a certain amount of it. This is something which is going to have a significant impact on your future insurance policy. While you might get the compensation you get for, it’s entirely possible that it gets reduced as per your fault. On top of that, you can expect for your insurance policy premiums to get increased according to the gravity of the accident as you are already a risky driver.
These are important considerations that you might want to account for. It’s particularly important that you do so in order to ensure that you are legally informed of what to do, should you find yourself in an unpleasant situation of the kind. With this in mind, it’s also advisable to rely on the services of a professional personal injury lawyer in Ontario, should you need legal representation and protection with the case. Not only do they have the skills to handle your case but have considerable experience dealing with the insurance companies and other legal procedures.