At-Fault Car Accidents in Ontario
Determining who is at fault in a car accident is a critical part of the claims process under Ontario’s personal injury law. At Odette Rwigamba Lawyers, we understand the complexities involved in at-fault accident cases. Whether you were injured by another driver’s negligence or have been deemed partially responsible, our experienced personal injury lawyers are here to protect your rights and help you pursue the compensation you deserve.
What Does “At-Fault” Mean in Ontario?
In Ontario, fault refers to the degree of responsibility assigned to each party involved in a car accident. Fault can affect how damages are paid and whether you can pursue compensation through insurance or legal action. Ontario uses a no-fault insurance system, meaning each driver’s insurance company handles their own policyholder’s claims for accident benefits. However, being found at fault can still impact your ability to recover damages through a tort claim against another driver.
Determining Fault in Ontario Car Accidents
Insurance companies in Ontario follow the Fault Determination Rules to assess fault based on the circumstances of the accident. These rules assign fault percentages, which can be shared by multiple drivers. For example, if one driver is found 70% responsible and the other 30% responsible, compensation may be reduced proportionately based on the degree of fault.
Even if fault is shared, you may still be eligible for accident benefits through your insurance, and in some cases, a tort claim can be pursued against the other driver to recover damages.
Accident Benefits Regardless of Fault
Ontario’s no-fault insurance system ensures that all injured drivers and passengers can access Statutory Accident Benefits (SABS), regardless of who caused the accident. These benefits may include:
- Medical and rehabilitation expenses for treatment and recovery
- Income replacement benefits for lost wages, capped at $400 per week
- Non-earner benefits if you are unable to engage in normal activities
- Attendant care benefits for personal assistance needs
Our lawyers assist clients in filing accident benefit claims, ensuring they receive the maximum compensation they are entitled to, even if they are found partially at fault.
Filing a Tort Claim Against the At-Fault Driver
If another driver’s negligence caused your injuries, you may be eligible to file a tort claim to recover additional damages. These damages can include:
- Pain and suffering for physical and emotional distress
- Lost wages and future income beyond the accident benefits cap
- Medical expenses not covered by your insurance policy
- Housekeeping and home maintenance expenses
- Loss of future earning capacity if your injury affects your ability to work
To pursue a tort claim, your injuries must meet Ontario’s threshold for serious and permanent impairment. Our legal team can evaluate your case and determine whether you meet the criteria for a tort claim.
What Happens if I Am Partially at Fault?
Ontario uses a contributory negligence system, meaning that if you are partially at fault for an accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are 25% at fault and awarded $100,000 in damages, your compensation would be reduced to $75,000.
Even if you share responsibility, you may still be eligible for both accident benefits and partial compensation through a tort claim. Our lawyers can help you understand how shared fault affects your claim and advocate for fair compensation.
How Fault Affects Insurance Premiums
Being found at fault, even partially, can have an impact on your insurance premiums. If your insurance company determines you were responsible for the accident, your premiums may increase upon renewal. However, some insurance policies offer accident forgiveness, which prevents your premiums from rising after your first at-fault accident. We can help you review your policy and understand your options if you are facing premium increases.
Disputing Fault in a Car Accident
If you disagree with the fault determination made by your insurance company, you have the right to challenge the decision. Disputing fault may involve:
- Providing additional evidence such as photographs or video footage
- Obtaining witness statements to support your version of events
- Hiring an accident reconstruction expert to analyze the circumstances
Our lawyers can assist you in building a case to challenge the fault determination and negotiate with your insurer to reach a fair resolution.
What to Do After an At-Fault Accident
If you’ve been involved in an accident and are concerned about fault, follow these steps to protect your rights:
- Seek medical attention immediately, even if injuries seem minor.
- Report the accident to the police if there are injuries or significant damage.
- Exchange information with the other driver, including insurance details.
- Document the scene with photos of the vehicles, injuries, and road conditions.
- Notify your insurance company within 7 days.
- Consult with a personal injury lawyer to explore your legal options.
- We are dedicated to helping our clients secure the benefits and compensation they deserve, so they can focus on healing and recovery.
Our team will guide you through the process, ensuring your rights are protected at every step.
How Long Do You Have to File a Claim?
In Ontario, accident benefit applications must be submitted to your insurer within 30 days of the accident. If you are pursuing a tort claim against an at-fault driver, you generally have two years from the date of the accident to file a lawsuit. Missing these deadlines can jeopardize your ability to recover compensation. Our lawyers ensure that all claims are filed correctly and on time.
Why Choose Us for At-Fault Accident Claims?
At Odette Rwigamba Lawyers, we know how stressful it can be to deal with the aftermath of a car accident—especially if you are found at fault or partially responsible. Our experienced personal injury lawyers are here to provide the support and legal representation you need. When you choose us, you benefit from:
- In-depth knowledge of Ontario’s car insurance and personal injury laws
- Strong advocacy in disputes over fault and compensation
- Contingency fee arrangements, meaning you pay no legal fees unless we win your case
- Comprehensive support from filing claims to negotiating settlements
We are committed to helping you navigate the legal process with confidence, securing the compensation you need to recover and move forward.
