Ontario Fault Determination Rules: Difference between revisions
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| style="text-align: center;" | 20.1 d<ref>FDR [http://www.ontario.ca/laws/regulation/900668 S. 20 (1)(d).] "''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;''".</ref> |
| style="text-align: center;" | 20.1 d<ref>FDR [http://www.ontario.ca/laws/regulation/900668 S. 20 (1)(d).] "''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;''".</ref> |
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| style="text-align: center;" | 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 |
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| style="text-align: center;" | 20.1 e<ref>FDR [http://www.ontario.ca/laws/regulation/900668 S. 20 (1)(e).] "''if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour.''".</ref> |
| style="text-align: center;" | 20.1 e<ref>FDR [http://www.ontario.ca/laws/regulation/900668 S. 20 (1)(e).] "''if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour.''".</ref> |
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Revision as of 23:54, 9 March 2022
Ontario Accident Fault Rules | |
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![]() | |
Parliament of Ontario | |
| |
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. Accident's 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.
Basic Rules
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] |
Evidence
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.
- Driver accounts to either an insurance adjuster or police officer.
- Independent witnesses.
- On site police reports (if the police say for sure what happened).
- Dashboard camera video.
How much at fault
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.
What if no Fault Rule applies
- There are some rare accidents when no fault rule can apply.
- If that happens then these rules apply:
The Fault Rules
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.
Rear End
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 6.2
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 6.3
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 6.4
Rule "A" "B" Section If "A" is going forward, and entering a road side parking place. 0% 100% 6.4[12]
Entering a roadway
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 7.2
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 7.3
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]
Entering from On Ramp
Rule 8
Rule "A" "B" Section If accident happens when "B" entering the roadway from an on-ramp. 0% 100% 8.0[16]
Multi Car Rear End - Chain Reaction
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 9.3 a-b
Rule 9.4 a-b
Sideswipes
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 10.2
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 10.3
Rule "A" "B" Section If the location of "A" or "B" cannot be confirmed when sideswipe happens. 50% 50% 10.3[27]
Rule 10.4
Rule "A" "B" Section If the collision happens when "B" is changing lanes. 0% 100% 10.4[28]
Rule 10.5
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 10.6
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 10.7
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]
Pile Ups
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 11.2
Rule "A" "B" "C" Section For each collision between two automobiles involved in a pile-up. 50% 50% 50% 11.2[33]
- IMAGE
Sideswipe - Opposite Directions
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 12.2
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 12.3
Rule "A" "B" Section If the location of "A" and "B"cannot be determined when the sideswipe happens 50% 50% 12.3[36]
Rule 12.4
Rule "A" "B" Section If the automobile "B"is over the centre line when the collision happens. 0% 100% 12.4[37]
Rule 12.5
Rule "A" "B" Section If the automobile "B"turns left into the path of "A" 0% 100% 12.5[38]
Rule 12.6
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]
Intersection with no traffic controls
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 13.2
Rule "A" "B" Section If the automobile "A" enters the intersection first. 0% 100% 13.2[41]
Rule 13.3
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 13.4
Rule "A" "B" Section If it can't be established who entered the intersection first. 50% 50% 13.4[43]
Intersection with traffic signs
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 14.2
Rule "A" "B" Section If collision happens because automobile "B" doesn't obey the stop sign. 0% 100% 14.2[45]
Rule 14.3
Rule "A" "B" Section If "A" and "B" both fail to obey the stop sign. 50% 50% 14.3[46]
Rule 14.4
Rule "A" "B" Section If it cannot be established who didn't stop at the stop sign. 50% 50% 14.4[47]
Rule 14.5
Rule "A" "B" Section If at an all-way stop sign "A" arrives first and stops. 0% 100% 14.5[48]
Rule 14.6
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 14.7
Rule "A" "B" Section If it cannot be established who arrived at the stop sign first. 50% 50% 14.7[50]
Intersection with traffic signals
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 15.2
Rule "A" "B" Section If the automobile "B" fails to obey a traffic signal. 0% 100% 15.2[52]
Rule 15.3
Rule "A" "B" Section If it can't be established who disobey the traffic signal. 50% 50% 15.3[53]
Rule 15.4
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]
- There is no graphic for this rule.
Parking lots
Rule | "A" | "B" | Section |
---|---|---|---|
Rules 16.x apply to accidents in a parking lot. | n/a | n/a | 16.1[55] |
Who Has Right of Way in Parking Lots
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 16.3
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 16.4
Rule "A" "B" Section If automobile "A" is leaving a parking space, and doesn't yield to automobile "B" who is on a feeder lane or thoroughfare. 100% 0% 16.4[59]
Parked Car
Rule 17.1
Rule "A" "B" Section If automobile "B" is parked when hit by automobile "A". 100% 0% 17.1[60]
Rule 17.2
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]
- There is no graphic for this rule.
Rule 18 a-d
Rule "A" "B" Section If the accident happens because driver "A" fails to obey: - a. Police officer's direction.
- b. Do not enter sign.
- c. Do not pass sign.
- d. Do not turn sign.
100% 0% 18 a-d[62]
- There are no graphics for these rules.
Rule 19 a
Rule "A" "B" Section If driver "A" was reversing or backing up. 100% 0% 19.a[63]
Rule 19 b
Rule "A" "B" Section If driver "A" was making a U-turn. 100% 0% 19.b[64]
Rule 19 c
Rule "A" "B" Section If driver "A", or a passenger in "A", opens or leaves a door open. 100% 0% 19.c[65]
Driving Offences
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] |
How Driving Offences Change Fault
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] |
Notes
- ^ "Law Document English View". Ontario.ca. 2014-07-24. Retrieved 2022-01-18.
- ^ FDR S. 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.".
- ^ FDR S. 3.a "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.".
- ^ FDR S. 3.b "The degree of fault of an insured is determined without reference to, (b) the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.".
- ^ FDR S.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.".
- ^ FDR S.4 (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 per cent 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.".
- ^ FDR S. 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.".
- ^ FDR S. 5 (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.".
- ^ FDR. S. 6.1 "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.".
- ^ FDR. S. 6.2 "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 per cent at fault for the incident.".
- ^ FDR. S. 6.3 "B hit A in rear – Insd turning right or left to road or drive, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR. S. 6.4 "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.".
- ^ FDR. S. 7 (1). "This section applies when automobile “A” collides with automobile “B” while automobile “B” is entering a road from a parking place, private road or driveway.".
- ^ FDR. S. 7 (2). "This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.".
- ^ FDR. S. 7 (3). "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.".
- ^ FDR. S. 8. "If automobile “A” collides with automobile “B” on a controlled access road while automobile “B” is entering the road from an entrance lane, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR. S. 9 (1). "This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in the same lane (a “chain reaction”).".
- ^ FDR. S. 9 (2). "The degree of fault for each collision between two automobiles involved in the chain reaction is determined without reference to any related collisions involving either of the automobiles and another automobile.".
- ^ FDR S. 9 (3). "If all automobiles involved in the incident are in motion and automobile “A” is the leading vehicle, automobile “B” is second and automobile “C” is the third vehicle.".
- ^ FDR S. 9 (3)(a). "In the collision between automobiles “A” and “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 50 per cent at fault for the incident.".
- ^ FDR S. 9 (3)(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.".
- ^ FDR S. 9 (4). "If only automobile “C” is in motion when the incident occurs.".
- ^ FDR S. 9 (4)(a). "In the collision between automobiles “A” and “B”, neither driver is at fault for the incident".
- ^ FDR S. 9 (4)(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.".
- ^ FDR. S. 10 (1). "This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.".
- ^ FDR. S. 10 (2). "If neither automobile “A” nor automobile “B” changes lanes, and both automobiles are on or over the centre line when the incident (a “sideswipe”) occurs, the driver of each automobile is 50 per cent at fault for the incident.".
- ^ FDR. S. 10 (3). "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.".
- ^ FDR. S. 10 (4). "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.".
- ^ FDR. S. 10 (5). "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.".
- ^ FDR. S. 10 (6). "If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of each automobile is 50 per cent at fault for the incident.".
- ^ FDR. S. 10 (7). "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.".
- ^ FDR. S. 11 (1). "This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in adjacent lanes (a “pile-up”).".
- ^ FDR. S. 11 (2). "For each collision between two automobiles involved in the pile-up, the driver of each automobile is 50 per cent at fault for the incident.".
- ^ FDR S. 12 (1). "This section applies when automobile “A” collides with automobile “B”, and the automobiles are travelling in opposite directions and in adjacent lanes.
- ^ FDR S. 12 (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.
- ^ FDR S. 12 (3). "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.
- ^ FDR S. 12 (4). "If automobile “B” is over the centre line of the road 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.
- ^ FDR S. 12 (5). "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.
- ^ FDR S. 12 (6). "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.
- ^ FDR S. 13 (1). "This section applies with respect to an incident that occurs at an intersection that does not have traffic signals or traffic signs.".
- ^ FDR S. 13 (2). "If automobile “A” enters the intersection before automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR S. 13 (3). "If automobiles “A” and “B” enter the intersection at the same time and automobile “A” is to the right of automobile “B” when in the intersection, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR S. 13 (4). "If it cannot be established whether automobile “A” or “B” entered the intersection first, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.".
- ^ FDR S. 14 (1). "This section applies with respect to an incident that occurs at an intersection with traffic signs.
- ^ FDR S. 14 (2). "If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
- ^ FDR S. 14 (2). "If the driver of each automobile fails to obey a stop sign, the driver of each automobile is 50 per cent at fault for the incident.
- ^ FDR S. 14 (4). "If it cannot be established who failed to obey a stop sign, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.
- ^ FDR S. 14 (5). "If, at an all-way stop intersection, automobile “A” arrives at the intersection first and stops, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
- ^ FDR S. 14 (5). "If, at an all-way stop intersection, both automobiles arrive at the intersection at the same time and stop, with automobile “A” to the right of automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
- ^ FDR S. 14 (7). "If it cannot be established who arrived at the all-way stop intersection first, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.
- ^ FDR S. 15 (1). "This section applies with respect to an incident that occurs at an intersection with traffic signals.".
- ^ FDR S. 15 (2). "If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR S. 15 (3). "If it cannot be established whether the driver of either automobile failed to obey a traffic signal, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.".
- ^ FDR S. 15 (4). "If the traffic signals at the intersection are inoperative, the degree of fault of the drivers shall be determined as if the intersection were an all-way stop intersection.".
- ^ FDR S. 16 (1). "This section applies with respect to incidents in parking lots.".
- ^ FDR S. 16 (5). "In this section, “thoroughfare” means a main road for passage into, through or out of a parking lot.".
- ^ FDR S. 16 (5). "In this section, “feeder lane” means a road in a parking lot other than a thoroughfare.".
- ^ FDR S. 16 (3). "If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.".
- ^ FDR S. 16 (4). "If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.".
- ^ FDR S. 17 (1). "If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.".
- ^ FDR S. 17 (2). "If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident.".
- ^ FDR S. 18 (a-d)). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident in which automobile “A” collides with automobile “B” when the driver of automobile “A” fails to obey; (a) a police officer’s direction; (b) a do not enter sign; (c) a prohibited passing sign; or (d) a prohibited turn sign.".
- ^ FDR S. 19 (a). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs, (a) when automobile “A” is backing up;".
- ^ FDR S. 19 (b). "The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs, (b) when automobile “A” is making a U-turn.".
- ^ FDR S. 19 (b). "when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open.".
- ^ FDR S. 20 (1). "For the purposes of this Regulation, a driver is considered to be charged with a driving offence.".
- ^ FDR S. 20 (1)(a). "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.".
- ^ FDR S. 20 (1)(b). "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;".
- ^ FDR S. 20 (1)(c). "if, as a result of the incident, the driver is charged with an indictable offence related to the operation of the automobile;".
- ^ FDR S. 20 (1)(d). "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;".
- ^ FDR S. 20 (1)(e). "if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour.".
- ^ "FDR S. 20 (1)(f)". Ontario.ca. 2014-07-24. Retrieved 2022-01-18.
{{cite web}}
: CS1 maint: url-status (link) - ^ FDR S. 20 (2). "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,".
- ^ FDR S. 20 (2)(a). "if the driver of automobile “A” involved in the incident is charged with a driving offence; and".
- ^ FDR S. 20 (2)(b). "if the driver of automobile “B” is wholly or partly at fault, as otherwise determined under these rules, for the incident.".
References
R.R.O. 1990, Reg. 668: FAULT DETERMINATION RULES Ontario Insurance Act Financial Services Commission of Ontario