本文发表在 rolia.net 枫下论坛How does my insurance company assess fault?

After you report an accident to your insurer, the company will investigate the circumstances of the accident and then make a liability decision based on the Fault Determination Rules. The Fault Determination Rules were established by the government to help insurance companies provide consumers with prompt, cost effective claims handling and consistent treatment. The Fault Determination Rules are a regulation made under the Insurance Act and cover more than 40 accident situations, using diagrams to illustrate specific occurrences.

Certain charges arising out of an accident, such as driving 16 km over the speed limit, or driving while impaired, require insurers to assess the accident in accordance with the ordinary rules of law*.

How do Highway Traffic Act charges or convictions affect the insurance company's decision?

According to the regulation, the Fault Determination Rules must be applied without regard to such things as road or weather conditions; visibility or the point of impact on the vehicles. As well, determinations on fault are made independently of decisions made by police officers to charge a driver. A charge under the Highway Traffic Act does not necessarily mean that the person charged was "at fault" for insurance purposes. In the same way, a lack of charges does not mean that no one was at fault.

For example, if a car was unable to stop on an icy road and rear-ended another, a police officer may have told the parties that "no one was at fault". This comment relates to the laying of charges and should not be taken as an opinion with respect to the Fault Determination Rules for purposes of dealing with an auto insurance claim. In this case, the insurer would apply the Fault Determination Rule which indicates that a car that rear-ends another is at fault.


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Regulation 668 under the Insurance Act

(R.R.O. 1990, Reg. 668)

Fault Determination Rules

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General

1. In this Regulation, "centre line" of a roadway means,
(a) a single or double, unbroken or broken line marked in the middle of the roadway, or
(b) if no line is marked, the middle of the roadway or that portion of the roadway that is not obstructed by parked vehicles, a snowbank or some other object blocking traffic.
O. Reg. 276/90, s. 1.


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.
(2) The diagrams in this Regulation are merely illustrative of the situations described in these rules.
O. Reg. 276/90, s. 2.


3. 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; or
(b) the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.
O. Reg. 276/90, s. 3.


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.
(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.
O. Reg. 276/90, s. 4.


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.
(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.
O. Reg. 276/90, s. 5.

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Rules for Automobiles Travelling in the Same Direction and Lane

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.
(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.







(3) If automobile "A" is turning, either to the right or to the left, in order to enter a side road, private road or driveway, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.







(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.



O. Reg. 276/90, s. 6.



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.
(2) If the incident occurs when automobile "B" is leaving a parking place and automobile "A" is passing the parking place, the driver of automobile "A" is not at fault and the driver of automobile "B" is 100 per cent at fault for the incident.







(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.



O. Reg. 276/90, s. 7.



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.



O. Reg. 276/90, s. 8.



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").
(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.
(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,
(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;

(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.








(4) If only automobile "C" is in motion when the incident occurs,
(a) in the collision between automobiles "A" and "B", neither driver is at fault for the incident; and

(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.




O. Reg. 276/90, s. 9.更多精彩文章及讨论，请光临枫下论坛 rolia.net