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.
Ontario Fault Determination Rules
This article provides general legal information as of September 2026 and is not legal advice. Fault depends on the evidence and the law applicable to the specific collision.
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