Fault Determination Rules*

In Quebec, New Brunswick and Ontario, charts or rules are used to determine fault or responsibility for Direct Compensation – Property Damage claims, but not for injury claims in cases of car collisions. In some other jurisdictions, insurers use inter-company “settlement” charts for handling claims against each other; these are not legally binding on the policyholder, however.

The circumstances of a collision may show that more than one driver was negligent. Each driver’s insurance company may then become involved in the settlement based on the degree of responsibility attributed to each person. If there is a dispute about responsibility, court action may be required to resolve it.