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If I have an accident, how is “fault” determined?

Fault is determined according to Fault Determination Rules contained in the regulations of the Insurance Act which contains accident scenarios. Fault and degree of fault is allocated to each driver based on which scenario most closely fits the circumstances as described by the parties involved.

Once you have reported the circumstances of an accident to your insurance adjuster, he or she will speak to the adjuster representing the other party and agree on the fault allocation. Extenuating circumstances, such as slippery road conditions and all those other excuses that people use to explain away an accident, just don't enter into the decision.

See also "No Fault"

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