Ontario Accident Fault Rules | |
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Parliament of Ontario | |
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Citation | Visit Regulation |
Territorial extent | Ontario |
Enacted by | Parliament of Ontario |
Effective | December 31, 1990 |
Administered by | Financial Services Commission of Ontario |
Amends | |
October 17, 2018 | |
Related legislation | |
Ontario Insurance Act | |
Summary | |
Regulate car accident fault in the province of Ontario | |
Keywords | |
Car accident, accident fault | |
Status: In force |
The Ontario Fault Determination Rules (commonly known as the Fault Rules or FDR) is a regulation under the Ontario Insurance Act enacted by the Parliament of Ontario to judge driver responsibility after car accidents in Ontario. The Fault Rules say which driver was responsible for an accident. Accidents are either 0%, 25%, 50%, 75%, or 100% at fault. If the driver is from Ontario, the portion not at fault percentage is covered under Ontario's mandatory to buy Direct Compensation insurance, and the at fault portion is covered under the optional to buy Collision insurance.
A fault rating between 50–100% might affect the driver's and insurance policyholder's future risk factor and therefore future insurance rates. [1] Note auto claim's using Specified Perils/Comprehensive for events like theft, vandalism, or hail damage are not subject to a fault rule (but may affect insurance rates and coverage depending on policyholder's claim history).
The Fault Rules are for most every accident in Ontario. However, under some rare conditions the Fault Rules do not apply and accident responsibility is determined by car accident case law. Car accidents outside of Ontario are governed by the Provincial or State where it happened. Each respective regulation is similar to these Fault Rules, but differences do exist, see the correct jurisdiction's fault rules for their details.
The Fault Rules have several basic conditions. These conditions specify that insurance companies have to use them when determining fault, and that circumstances like weather or road conditions do not matter when determining which driver was responsible.
The conditions are:
Rule | Section |
---|---|
Insurance companies determine fault, through direct or indirection action of its insured persons, using the fault rules. | 2.1 [2] |
Fault is determined without caring about the circumstances, including the weather conditions, the road conditions, visibility, or actions of pedestrians. | 3.a [3] |
Location of the damage on a car, isn't evidence of what happened at the accident. | 3.b [4] |
Determining car accident fault requires knowing what happened at the accident. Re-creating an accident can be difficult. To deal with this most fault rules have a version for knowing the details of the accident, and not knowing (ex. accidents in the middle of an all-way stop).
The following are the ways accident details are collected.
A car accident can have one or several Fault Rules that apply. If an accident has only one Fault Rule, then the one rule's rating puts each driver 0–100% at fault.
If there are several rules that apply then the rules below apply too.
The below sections are the actual Fault Rules. Each is divided into sections describing where the two (or more) cars are relative to each other.
Rule | "A" | "B" | Section |
---|---|---|---|
Section 6.x applies when automobile "A" is struck from the rear by "B" and both vehicle's are in the same lane, going in the same direction. | n/a | n/a | 6.1 [9] |
Rule | "A" | "B" | Section |
---|---|---|---|
If driver "A" is stopped or in forward motion, and is rear ended by driver "B". | 0% | 100% | 6.2 [10] |
Rule | "A" | "B" | Section |
---|---|---|---|
If "A" is turning, either right or left, to enter a private road or driveway. | 0% | 100% | 6.3 [11] |
Rule | "A" | "B" | Section |
---|---|---|---|
If "A" is going forward, and entering a road side parking place. | 0% | 100% | 6.4 [12] |
Rule | "A" | "B" | Section |
---|---|---|---|
Section 7 applies when "B" is entering a road from a parking place, private road, or driveway. | n/a | n/a | 7.1 [13] |
Rule | "A" | "B" | Section |
---|---|---|---|
If accident happens when "B" is leaving a parking place while "A" is passing it. | 0% | 100% | 7.2 [14] |
Rule | "A" | "B" | Section |
---|---|---|---|
If accident happens when "B" entering the roadway from a private road or driveway "A" is passing it, and there are no traffic controls. | 0% | 100% | 7.3 [15] |
Rule | "A" | "B" | Section |
---|---|---|---|
If accident happens when "B" entering the roadway from an on-ramp. | 0% | 100% | 8.0 [16] |
Rule | "A" | "B" | "C" | Section |
---|---|---|---|---|
Section 9.x applies when more than two cars are in a rear end accident. | n/a | n/a | n/a | 9.1 [17] |
Fault is only between cars that touch. | n/a | n/a | n/a | 9.2 [18] |
Rule | "A" | "B" | Section |
---|---|---|---|
This rule applies when "A" and "B" collide and are going the same direction, and in adjacent lanes. | n/a | n/a | 10.1 [25] |
Rule | "A" | "B" | Section |
---|---|---|---|
If neither "A" or "B" change lanes, and both are on or over the centre line when sideswipe happens. | 50% | 50% | 10.2 [26] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the location of "A" or "B" cannot be confirmed when sideswipe happens. | 50% | 50% | 10.3 [27] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the collision happens when "B" is changing lanes. | 0% | 100% | 10.4 [28] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the collision happens when "A" is turning left at an intersection and "B" is overtaking "A" to pass it. | 25% | 75% | 10.5 [29] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the collision happens when "A" is turning left at a private road or driveway and "B" is overtaking "A" to pass it. | 50% | 50% | 10.6 [30] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the collision happens when "A" is turning left at a private road or driveway and "B" is passing several other cars stopped behind "A" to pass it. | 0% | 100% | 10.7 [31] |
Rule | "A" | "B" | "C" | Section |
---|---|---|---|---|
This rule applies when three or more vehicles are going in the same direction but adjacent lanes. | n/a | n/a | n/a | 11.1 [32] |
Rule | "A" | "B" | "C" | Section |
---|---|---|---|---|
For each collision between two automobiles involved in a pile-up. | 50% | 50% | 50% | 11.2 [33] |
Rule | "A" | "B" | Section |
---|---|---|---|
This rule applies when "A" and "B" collide and they are going towards each other, and in adjacent lanes. | n/a | n/a | 12.1 [34] |
Rule | "A" | "B" | Section |
---|---|---|---|
If neither "A" or "B" changes lanes and both are on or over the centre lane when sideswipe happens. | 50% | 50% | 12.2 [35] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the location of "A" and "B"cannot be determined when the sideswipe happens | 50% | 50% | 12.3 [36] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the automobile "B"is over the centre line when the collision happens. | 0% | 100% | 12.4 [37] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the automobile "B"turns left into the path of "A" | 0% | 100% | 12.5 [38] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the automobile "B"is leaving a parking place or is entering the road from a private road or driveway, and "A" is overtaking to pass another vehicle when the collision happens. | 0% | 100% | 12.6 [39] |
Rule | "A" | "B" | Section |
---|---|---|---|
Rules 13.x apply to accidents that happen at an intersection with no traffic controls (ex. no stop signs, yield signs, or traffic lights). | n/a | n/a | 13.1 [40] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the automobile "A" enters the intersection first. | 0% | 100% | 13.2 [41] |
Rule | "A" | "B" | Section |
---|---|---|---|
If automobile "A" and "B" enter at the same time, and "A" is to the right. | 0% | 100% | 13.3 [42] |
Rule | "A" | "B" | Section |
---|---|---|---|
If it can't be established who entered the intersection first. | 50% | 50% | 13.4 [43] |
Rule | "A" | "B" | Section |
---|---|---|---|
Rules 14.x apply to accidents that happen at an intersection with traffic signs (ex. stop or yield signs). | n/a | n/a | 14.1 [44] |
Rule | "A" | "B" | Section |
---|---|---|---|
If collision happens because automobile "B" doesn't obey the stop sign. | 0% | 100% | 14.2 [45] |
Rule | "A" | "B" | Section |
---|---|---|---|
If "A" and "B" both fail to obey the stop sign. | 50% | 50% | 14.3 [46] |
Rule | "A" | "B" | Section |
---|---|---|---|
If it cannot be established who didn't stop at the stop sign. | 50% | 50% | 14.4 [47] |
Rule | "A" | "B" | Section |
---|---|---|---|
If at an all-way stop sign "A" arrives first and stops. | 0% | 100% | 14.5 [48] |
Rule | "A" | "B" | Section |
---|---|---|---|
If at an all-way stop sign "A" and "B" arrive at the same time and stop, but "A" is to the right. | 0% | 100% | 14.6 [49] |
Rule | "A" | "B" | Section |
---|---|---|---|
If it cannot be established who arrived at the stop sign first. | 50% | 50% | 14.7 [50] |
Rule | "A" | "B" | Section |
---|---|---|---|
Rules 15.x apply to accidents that happen at an intersection with traffic signals. | n/a | n/a | 15.1 [51] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the automobile "B" fails to obey a traffic signal. | 0% | 100% | 15.2 [52] |
Rule | "A" | "B" | Section |
---|---|---|---|
If it can't be established who disobey the traffic signal. | 50% | 50% | 15.3 [53] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the traffic signs don't work, then the intersection is treated like an all-way stop. | n/a | n/a | 15.4 [54] |
Rule | "A" | "B" | Section |
---|---|---|---|
Rules 16.x apply to accidents in a parking lot. | n/a | n/a | 16.1 [55] |
Rule | "A" | "B" | Section |
---|---|---|---|
Thoroughfare means a road for passing into, through, or out of a parking lot. Drivers on a thoroughfare have 1st priority. | n/a | n/a | 16.5 [56] |
Feeder lane means a road in a parking lot that isn't a thoroughfare. | n/a | n/a | 16.5 [57] |
Rule | "A" | "B" | Section |
---|---|---|---|
If automobile "A" is leaving a feeder lane, and doesn't yield to automobile "B" who is on a thoroughfare. | 100% | 0% | 16.3 [58] |
Rule | "B" | "A" | Section |
---|---|---|---|
If automobile "B" is leaving a parking space, and doesn't yield to automobile "A" who is on a feeder lane or thoroughfare. | 100% | 0% | 16.4 [59] |
Rule | "A" | "B" | Section |
---|---|---|---|
If automobile "B" is parked when hit by automobile "A". | 100% | 0% | 17.1 [60] |
Rule | "A" | "B" | Section |
---|---|---|---|
If automobile "A" is illegally parked, or stopped when hit by "B" and the accident happens outside a city, town, or village. | 100% | 0% | 17.2 [61] |
Rule | "A" | "B" | Section |
---|---|---|---|
If the accident happens because driver "A" fails to obey:
| 100% | 0% | 18 a-d [62] |
Rule | "A" | "B" | Section |
---|---|---|---|
If driver "A" was reversing or backing up. | 100% | 0% | 19.a [63] |
Rule | "A" | "B" | Section |
---|---|---|---|
If driver "A" was making a U-turn. | 100% | 0% | 19.b [64] |
Rule | "A" | "B" | Section |
---|---|---|---|
If driver "A", or a passenger in "A", opens or leaves a door open. | 100% | 0% | 19.c [65] |
Rule | Section |
---|---|
For the purpose of the Fault Rules, a driver is considered to be charged with a driver offence. | 20.1 [66] |
If, as a result of the incident, the driver is charged with operating the automobile while his or her ability to operate the automobile was impaired by alcohol or a drug. | 20.1 a [67] |
If, as a result of the incident, the driver is charged with driving while his or her blood alcohol level exceeded the limits permitted by law. | 20.1 b [68] |
If, as a result of the incident, the driver is charged with an indictable offence related to the operation of the automobile | 20.1 c [69] |
If the driver, as a result of the incident, is asked to provide a breath sample and he or she is charged with failing or refusing to provide the sample. | 20.1 d [70] |
If the driver, as a result of the incident, is asked to perform physical coordination tests or submit to an evaluation and he or she is charged with failing or refusing to comply with the demand | 20.1 e [71] |
if, as a result of the incident, the driver is charged with exceeding the speed limit by 16 or more kilometres per hour. | 20.1 f [72] |
Rule | Section |
---|---|
The degree of fault of the insured shall be determined in accordance with the ordinary rules of law, and not in accordance with these rules | 20.2 [73] |
If the driver of automobile “A” involved in the incident is charged with a driving offence; and | 20.2 a [74] |
If the driver of automobile “B” is wholly or partly at fault, as otherwise determined under these rules, for the incident. | 20.2 b [75] |
{{cite web}}
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