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Ontario has a "no-fault" car insurance system, but this does not
mean that no one is at fault in an accident.
The term "no-fault" insurance simply means that if you are injured
or your car is damaged in an accident, then you deal with your
own insurance company, regardless of who is at fault. You don't
have to go after the at-fault driver for compensation.
Similarly, if any passengers in your car are injured, then each
passenger who has a car insurance policy of their own will approach
their own insurance company for benefits. If your passengers do
not have a car insurance policy of their own, then your insurance
company may pay benefits to them. The driver of the other car involved
in the accident will claim benefits from his or her own insurance
company.
Someone is always deemed to be "at-fault" in a car accident, whether
partly or fully. The law required insurance companies to assign
the percentage of fault for each of the drivers involved in the
accident. This is done by using the "Fault Determination Rules".
These rules, which are set out in a regulation under the Insurance
Act, help insurance companies deal with accident claims quickly
and economically.
You can get more information on the Fault Determination Rules from
the Financial Services Commission of Ontario's website at www.fsco.gov.on.ca,
or by calling the Insurance Bureau of Canada 9IBC) at (416) 362-9528
or toll-free at 1-800-387-2880.
Keep in mind that the Fault Determination Rules differ from any
charges laid by the policy under the Highway Traffic Act. For example,
if you were unable to stop your car on an icy road and rear-ended
another car, the policy officer my have told you that "no one was
at fault". This usually means that no police charges will be laid.
It does not mean that the insurance companies involved will not
consider who was at fault. In this case, the insurance company would
apply the Fault Determination Rules, which state that a car that
rear-ends another car is at fault, since drivers are required to
take road conditions into consideration.
Keep in mind that your percentage of fault will determine the amount
of deductible you have to pay. Generally, insurance companies will
increase your premiums at your next renewal date if you have been
deemed to be fully or partially at fault in an accident
If you don't agree with the way in which your insurance company
has determined fault, you should contact the person your insurance
company has appointed to deal with consumer complaints. This is
usually the company's Ombudsman Liaison Officer. If your complaint
is still not resolved, you may write to Ontario's Insurance Ombudsman
and you may choose to go to court.
 
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