Fault determination refers to the assignment of fault in motor vehicle accidents to the drivers of all vehicles involved in an accident. Insurance companies use the Fault Determination Rulesin determining fault which may affect the deductible payable by an insured driver and the insurance premiums payable upon renewal of the insurance policy. Unfortunately, the Fault Determination Rules are strict and depend only on the facts at the time of impact and only relate to the vehicles that came into contact with other vehicles in the accident. Some “unfair” fault determinations can routinely result in scenarios where the driver was not at all liable for the accident. To find out how an at fault determination by your insurance company may affect your personal injury claim call our knowledgeable Toronto Personal Injury Lawyers for a free consultation.
Fault determination should not be confused with availability of damages and benefits as a result of a motor vehicle accident. Even if, according to the Fault Determination Rules, you may be at fault, there are accident benefits available to you under the No-Fault system. Importantly, even if you are 100% at fault according to the Fault Determination Rules, you may still have a tort claim for pain and suffering and other losses against other negligent drivers or the party responsible for the road the accident happened on.
If you have been injured in the Greater Toronto Area, contact Rooz Law at 416-229-6000. The sooner you call, the faster we can get you the compensation you deserve