No-Fault Insurance: A Misleading Name

Ontario operates under a “no-fault” insurance system. This means that, when you are involved in an auto accident, all claims are filed with your own insurance. Passengers and occupants who have auto insurance will file claims with their providers. Uninsured passengers may be able to file a claim with the driver’s provider. All of this is intended to make sure no one is left without coverage when they are involved in an accident.

Who is at Fault?

No-Fault may seem to imply a lackadaisical approach to determining liability following a car accident. The term itself is somewhat misleading. Following every auto accident that involves more than one driver in Canada, the Fault Determination Rules are used to determine how the accident was caused.

Under the no-fault system, the outcome of this investigation will not impact an injury victim’s compensation, nor will it open additional avenues for seeking compensation. It may, however, result in a rate increase and, in cases where criminal negligence occurred, criminal charges as well.

Mandatory Insurance Benefits

Ontario’s no-fault insurance system allows people who have sustained an injury in an accident to receive the care they need, even if they caused the accident. Under this system, medical care, rehabilitation, attendant care, and related services are covered in full, allowing victims of injury to recover without worry.

In Ontario, you are required to carry insurance that offers both accident benefits and third-party liability. You are also required to carry coverage for property damage and uninsured motorists There are add-ons, such as accident forgiveness, family coverage, comprehensive, and collision and upset, but these come at additional costs and are not viable options for everyone.

Can I Sue?

When you are seriously injured in an auto accident, you may be entitled to take legal action and seek compensation beyond the initial offerings of your insurance company. The best way to find out if you cause to file suit is through a one-on-one consultation at Findlay Law. Please call 905-522-9799 to schedule a consultation at our Hamilton office.