Fault is a very sensitive subject when it comes to personal injury law. Insurance companies need to properly determine the fault or the degree of fault that has been assigned to every driver in a car accident. This has been the purpose to determine the property damage coverage is going to apply to the accident. This is also necessary to make sure that the premiums of the at-fault driver are correctly adjusted.
The province of Ontario is governed by the Fault Determination rules as well as the Insurance Act which covers it. These rules put in place mechanisms which are designated to help insurance companies to provide their clients with prompt handling of their claims as well as treatment which is consistent.
Once you’ve reported your accident to the insurance company, it will start with the conduct of an investigation. The circumstances of the accident will be put under the scope and after that there will be a swift fault decision which is based on the aforementioned rules. Fault is allocated on every single driver who has been involved in the accident, based on the scenario which most closely resembles the actual. This is something to consider.
How does the fault affect you?
Now, a driver could be found to be anywhere between 0% and 100% at fault in a car accident. Every single driver who is more than 0% faulty is going to have an “at-fault” accident slashed on his insurance record. It is highly likely that your premium is going to go for a renewal if you are found to be even slightly at fault.
Things to consider
Even though all of the above is true, it is also important to understand that there is also the so-called “no fault” rule which is put in place in Ontario under the rules of fault determination. This is a rule which stipulates that you will be able to claim the compensation from your own insurance company regardless of whether you are found at fault or not. This is something rather beneficial for policy holders.
Of course, even if you do claim your insurance, the premiums that you ought to pay on a monthly basis are going to get increased. This is due to the fact that risk is allocated to your driving license and you become more expensive for the insurance company. They would effectively increase your premiums in order to challenge this difference. This is something that you ought to take into serious consideration. With all this in mind, it’s also quite important to make sure that you get the professional help of an experienced injury lawyer in Cornwall and ensure that everything is handled properly. They have handled such cases in the past and understand all aspects of it, helping you get maximum compensation with ease.