Regulate car accident fault in the province of Ontario
Keywords
Car accident, accident fault
Status: In force
The Ontario Fault Determination Rules (commonly known as the Fault Rules or FDR) is a regulation under the Ontario Insurance Act enacted by the Parliament of Ontario to judge driver responsibility after car accidents in Ontario. The Fault Rules say which driver was responsible for an accident. Accidents are either 0%, 25%, 50%, 75%, or 100% at fault. If the driver is from Ontario, the portion not at fault percentage is covered under Ontario's mandatory to buy Direct Compensation insurance, and the at fault portion is covered under the optional to buy Collision insurance.
A fault rating between 50–100% might affect the driver's and insurance policyholder's future risk factor and therefore future insurance rates.[1] Note auto claim's using Specified Perils/Comprehensive for events like theft, vandalism, or hail damage are not subject to a fault rule (but may affect insurance rates and coverage depending on policyholder's claim history).
The Fault Rules are for most every accident in Ontario. However, under some rare conditions the Fault Rules do not apply and accident responsibility is determined by car accident case law. Car accidents outside of Ontario are governed by the Provincial or State where it happened. Each respective regulation is similar to these Fault Rules, but differences do exist, see the correct jurisdiction's fault rules for their details.
The Fault Rules have several basic conditions. These conditions specify that insurance companies have to use them when determining fault, and that circumstances like weather or road conditions do not matter when determining which driver was responsible.
The conditions are:
Rule
Section
Insurance companies determine fault, through direct or indirection action of its insured persons, using the fault rules.
Fault is determined without caring about the circumstances, including the weather conditions, the road conditions, visibility, or actions of pedestrians.
Determining car accident fault requires knowing what happened at the accident. Re-creating an accident can be difficult. To deal with this most fault rules have a version for knowing the details of the accident, and not knowing (ex. accidents in the middle of an all-way stop).
The following are the ways accident details are collected.
Driver accounts to either an insurance adjuster or police officer.
Independent witnesses.
On site police reports (if the police say for sure what happened).
A car accident can have one or several Fault Rules that apply. If an accident has only one Fault Rule, then the one rule's rating puts each driver 0–100% at fault.
If there are several rules that apply then the rules below apply too.
Rule
Section
If multiple rules apply to an insured person, then the one that gives the least fault is used.
However, despite 4.1, if each insured driver breaks a fault rule so each driver is both 0% at fault, and 100% at fault, then each driver is 50% at fault
If the automobile "B"is leaving a parking place or is entering the road from a private road or driveway, and "A" is overtaking to pass another vehicle when the collision happens.
If, as a result of the incident, the driver is charged with operating the automobile while his or her ability to operate the automobile was impaired by alcohol or a drug.
If the driver, as a result of the incident, is asked to provide a breath sample and he or she is charged with failing or refusing to provide the sample.
If the driver, as a result of the incident, is asked to perform physical coordination tests or submit to an evaluation and he or she is charged with failing or refusing to comply with the demand
^FDR S. 2.1 "An insurer shall determine the degree of fault of its insured for loss or damage arising directly or indirectly from the use or operation of an automobile in accordance with these rules.".
^FDR S. 3.a "The degree of fault of an insured is determined without reference to, (a) the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians.".
^FDR S. 3.b "The degree of fault of an insured is determined without reference to, (b) the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.".
^FDR S.4 (1) "If more than one rule applies with respect to the insured, the rule that attributes the least degree of fault to the insured shall be deemed to be the only rule that applies in the circumstances.".
^FDR S.4 (2) "Despite subsection (1), if two rules apply with respect to an incident involving two automobiles and if under one rule the insured is 100 per cent at fault and under the other the insured is not at fault for the incident, the insured shall be deemed to be 50 per cent at fault for the incident.".
^FDR S. 5 (1) "If an incident is not described in any of these rules, the degree of fault of the insured shall be determined in accordance with the ordinary rules of law.".
^FDR S. 5 (2) "If there is insufficient information concerning an incident to determine the degree of fault of the insured, it shall be determined in accordance with the ordinary rules of law unless otherwise required by these rules.".
^FDR. S. 6.1 "This section applies when automobile “A” is struck from the rear by automobile “B”, and both automobiles are travelling in the same direction and in the same lane.".
^FDR. S. 6.2 "If automobile “A” is stopped or is in forward motion, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 6.3 "B hit A in rear – Insd turning right or left to road or drive, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 6.4 "If automobile “A” is in forward motion and is entering a parking place on either the right or the left side of the road, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 7 (1). "This section applies when automobile “A” collides with automobile “B” while automobile “B” is entering a road from a parking place, private road or driveway.".
^FDR. S. 7 (2). "This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.".
^FDR. S. 7 (3). "If the incident occurs when automobile “B” is entering a road from a private road or a driveway and automobile “A” is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 8. "If automobile “A” collides with automobile “B” on a controlled access road while automobile “B” is entering the road from an entrance lane, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 9 (1). "This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in the same lane (a “chain reaction”).".
^FDR. S. 9 (2). "The degree of fault for each collision between two automobiles involved in the chain reaction is determined without reference to any related collisions involving either of the automobiles and another automobile.".
^FDR S. 9 (3). "If all automobiles involved in the incident are in motion and automobile “A” is the leading vehicle, automobile “B” is second and automobile “C” is the third vehicle.".
^FDR S. 9 (3)(a). "In the collision between automobiles “A” and “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 50 per cent at fault for the incident.".
^FDR S. 9 (3)(b). "In the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.".
^FDR S. 9 (4). "If only automobile “C” is in motion when the incident occurs.".
^FDR S. 9 (4)(a). "In the collision between automobiles “A” and “B”, neither driver is at fault for the incident".
^FDR S. 9 (4)(b). "In the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.".
^FDR. S. 10 (1). "This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.".
^FDR. S. 10 (2). "If neither automobile “A” nor automobile “B” changes lanes, and both automobiles are on or over the centre line when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.".
^FDR. S. 10 (3). "If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.".
^FDR. S. 10 (4). "If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 10 (5). "If the incident occurs when automobile “A” is turning left at an intersection and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is 25 per cent at fault and the driver of automobile “B” is 75 per cent at fault for the incident.".
^FDR. S. 10 (6). "If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.".
^FDR. S. 10 (7). "If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is passing one or more automobiles stopped behind automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR. S. 11 (1). "This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in adjacent lanes (a “pile-up”).".
^FDR. S. 11 (2). "For each collision between two automobiles involved in the pile-up, the driver of each automobile is 50 per cent at fault for the incident.".
^FDR S. 12 (1). "This section applies when automobile “A” collides with automobile “B”, and the automobiles are travelling in opposite directions and in adjacent lanes.
^FDR S. 12 (2). "If neither automobile “A” nor automobile “B” changes lanes and both automobiles are on or over the centre lane when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.
^FDR S. 12 (3). "If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.
^FDR S. 12 (4). "If automobile “B” is over the centre line of the road when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 12 (5). "If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 12 (6). "If automobile “B” is leaving a parking place or is entering the road from a private road or driveway, and if automobile “A” is overtaking to pass another automobile when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 13 (1). "This section applies with respect to an incident that occurs at an intersection that does not have traffic signals or traffic signs.".
^FDR S. 13 (2). "If automobile “A” enters the intersection before automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR S. 13 (3). "If automobiles “A” and “B” enter the intersection at the same time and automobile “A” is to the right of automobile “B” when in the intersection, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR S. 13 (4). "If it cannot be established whether automobile “A” or “B” entered the intersection first, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.".
^FDR S. 14 (1). "This section applies with respect to an incident that occurs at an intersection with traffic signs.
^FDR S. 14 (2). "If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 14 (2). "If the driver of each automobile fails to obey a stop sign, the driver of each automobile is 50 per cent at fault for the incident.
^FDR S. 14 (4). "If it cannot be established who failed to obey a stop sign, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.
^FDR S. 14 (5). "If, at an all-way stop intersection, automobile “A” arrives at the intersection first and stops, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 14 (5). "If, at an all-way stop intersection, both automobiles arrive at the intersection at the same time and stop, with automobile “A” to the right of automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
^FDR S. 14 (7). "If it cannot be established who arrived at the all-way stop intersection first, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.
^FDR S. 15 (1). "This section applies with respect to an incident that occurs at an intersection with traffic signals.".
^FDR S. 15 (2). "If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR S. 15 (3). "If it cannot be established whether the driver of either automobile failed to obey a traffic signal, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.".
^FDR S. 15 (4). "If the traffic signals at the intersection are inoperative, the degree of fault of the drivers shall be determined as if the intersection were an all-way stop intersection.".
^FDR S. 16 (1). "This section applies with respect to incidents in parking lots.".
^FDR S. 16 (5). "In this section, “thoroughfare” means a main road for passage into, through or out of a parking lot.".
^FDR S. 16 (5). "In this section, “feeder lane” means a road in a parking lot other than a thoroughfare.".
^FDR S. 16 (3). "If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.".
^FDR S. 16 (4). "If automobile “B” is leaving a parking space and fails to yield the right of way to automobile “A” on a feeder lane or a thoroughfare, the driver of automobile “B” is 100 per cent at fault and the driver of automobile “A” is not at fault for the incident.".
^FDR S. 17 (1). "If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
^FDR S. 17 (2). "If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.".
^FDR S. 18 (a-d)). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident in which automobile “A” collides with automobile “B” when the driver of automobile “A” fails to obey; (a) a police officer’s direction; (b) a do not enter sign; (c) a prohibited passing sign; or (d) a prohibited turn sign.".
^FDR S. 19 (a). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs, (a) when automobile “A” is backing up;".
^FDR S. 19 (b). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs, (b) when automobile “A” is making a U-turn.".
^FDR S. 19 (b). "when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open.".
^FDR S. 20 (1). "For the purposes of this Regulation, a driver is considered to be charged with a driving offence.".
^FDR S. 20 (1)(a). "if, as a result of the incident, the driver is charged with operating the automobile while his or her ability to operate the automobile was impaired by alcohol or a drug.".
^FDR S. 20 (1)(b). "if, as a result of the incident, the driver is charged with driving while his or her blood alcohol level exceeded the limits permitted by law;".
^FDR S. 20 (1)(c). "if, as a result of the incident, the driver is charged with an indictable offence related to the operation of the automobile;".
^FDR S. 20 (1)(d). "if the driver, as a result of the incident, is asked to provide a breath sample and he or she is charged with failing or refusing to provide the sample;".
^FDR S. 20 (1)(e). "if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour.".
^FDR S. 20 (2). "The degree of fault of the insured shall be determined in accordance with the ordinary rules of law, and not in accordance with these rules,".
^FDR S. 20 (2)(a). "if the driver of automobile “A” involved in the incident is charged with a driving offence; and".
^FDR S. 20 (2)(b). "if the driver of automobile “B” is wholly or partly at fault, as otherwise determined under these rules, for the incident.".
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