After a collision, people often ask who was at fault. In Ontario, the answer can depend on the purpose of the question. An insurer uses provincial Fault Determination Rules for insurance handling, while a court considering a lawsuit may examine negligence and all admissible evidence.
Ontario’s Fault Determination Rules contain diagrams and scenarios for common collisions, such as rear-end impacts, lane changes, intersections and parking lots. Insurers apply those rules to assign fault percentages for insurance purposes.
A driver may be found zero, 25, 50, 75 or 100 per cent at fault depending on the applicable rule. Police charges can be important evidence, but the insurance assessment is not always determined solely by whether a ticket was issued.
Yes. Ontario law allows responsibility to be divided when more than one person’s conduct contributed to the loss. A person’s compensation in a tort claim may be reduced by their share of responsibility.
Statutory accident benefits are often described as no-fault benefits because eligible people may claim them regardless of who caused the accident. A separate tort claim seeks compensation from an at-fault party and requires proof of legal responsibility and loss.
Ask for the rule and evidence used, provide missing information promptly, and keep the insurer’s written decision. Legal advice may be useful when the fault assessment affects a serious injury claim or when the collision does not fit a standard scenario.
More answers are available in Krylaw’s Personal Injury FAQs.
Ask the adjuster to identify the collision scenario and the rule used, explain the percentage assigned to each driver, and confirm the evidence considered. If the description omits a lane change, vehicle position or relevant video, provide the missing information with a clear chronology. Keep the original material as well as the copy supplied to the insurer.
The insurance decision and an injury lawsuit answer different questions. Do not treat a traffic ticket, repair payment or insurer’s percentage as a complete assessment of a personal injury case. A disagreement is easier to review when the written decision and underlying facts are available together.
Sources: FSRA: After an accident—understanding the claims process
Organize the accident date and location, vehicle and insurance details, photographs, witness contact information, reporting records and the adjuster’s correspondence. Note which facts you personally observed and which were provided by someone else. For an injury consultation, add treatment dates and the practical effect on work and daily activities. Avoid filling gaps with guesses.
Ontario Fault Determination Rules
General information for Ontario readers, prepared October 1, 2026. This is not legal advice. The facts, policy wording and applicable deadlines must be reviewed for an individual claim. Contacting the firm does not by itself create a lawyer-client relationship.
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