Insurance Act - See Who Is Really At Fault After A Car Accident

R.R.O. 1990, REGULATION 668 - These Rules apply to Ontario auto insurance only [Updated]

We've updated the accident scenarios with visuals in the hope that people can get a better sense of who's at fault in the many different situations.

• Related Read: Driving Infractions, Tickets and Penalties
• Related Read: Ontario’s Bill of Rights for Auto Insurance Consumers

Fault Determination Rules

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 percent 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.

Tip: Protect yourself from at fault disputes by recording the accident with a car dash camera.

• Related Read: When To Report a Car Accident, When Not To and The Consequences

Rules for Automobiles Travelling in the Same Direction and Lane

6.

1. 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 percent at fault for the incident.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

O. Reg. 276/90, s. 11.

Rules for Automobiles Travelling in Opposite Directions

12.

1. This section applies when automobile "A" collides with automobile "B", and the automobiles are travelling in opposite directions and in adjacent lanes.
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.

• 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.

• 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.

• 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.

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