Motor vehicle accident claims can be incredibly complex, especially when determining fault. Did you know insurance companies have a whole rulebook to calculate fault in car accidents?
That’s one way they determine how much they want to pay you. But accidents are not cookie-cutter. And people and their injuries are all different.
One way to protect your rights after a serious car accident is to hire an experienced personal injury law firm. If you have questions about a serious accident claim, call Cariati Law.
We are always around to help. Call 905-629-8040 for a free case evaluation.
How do insurance companies determine fault in car accident claims?
When it comes to motor vehicle accident claims, determining fault is crucial in deciding who will be held responsible for the damages and injuries resulting from the accident.
Insurance companies use rules and guidelines to calculate fault in car accidents, which can sometimes lead to disputes between the parties involved.
These rules can be complex and challenging to navigate on your own, which is why it is important to seek legal representation from a knowledgeable personal injury law firm.
In Ontario, Canada, the fault determination rules are outlined in the Insurance Act and are used by insurance companies to assign percentages of fault in multi-vehicle accidents.
These rules take into account various factors, such as each driver’s actions leading up to the accident, traffic violations, road conditions, and witness statements.
Understanding these rules and how they apply to your specific case can make a significant difference in the outcome of your claim.
Top Five Criteria used by insurance companies in Car Accident Claims in Ontario
Being involved in a car accident can be a traumatic experience, both physically and emotionally. In addition to dealing with injuries and damage to your vehicle, navigating the complex world of insurance claims is complex.
In Ontario, determining fault in car accidents is crucial for insurance companies when deciding the value of a claim.
#1 The Highway Safety Act Rules and Regulations
The first criteria that Ontario insurance companies use to determine fault in car accident claims is the Highway Traffic Act. This legislation outlines specific rules and regulations that all drivers must follow on the road.
If one driver violated a rule or regulation at the time of the accident, they may be considered at fault. For example, if a driver ran a red light and caused an accident, the insurance company would likely find them at fault.
#2 The Use of Witness Statements
Another important criterion used by Ontario insurance companies is witness statements. Eyewitnesses who saw the accident occur can provide valuable information about what happened and who was at fault.
Insurance companies will often take witness statements into account when determining fault in car accident claims. It’s important to gather contact information from any witnesses at the scene of an accident to ensure their statements can be included in your claim.
#3 Police Reports Help Determine Fault in Car Crash Claims
The third criterion used by Ontario insurance companies is police reports. When police are called to the scene of an accident, they will conduct an investigation and file a report detailing their findings.
Insurance companies will review these reports as part of their investigation into fault determination. If the police report assigns fault to one or more drivers involved in the accident, this can significantly impact how insurance claims are processed.
#4 Expert Opinions May be Used in Determining the Fault of an Accident
In addition to witness statements and police reports, Ontario insurance companies also consider expert opinions when determining fault in car accident claims.
Experts such as accident reconstruction specialists may be called upon to analyze evidence from the scene of an accident. They will provide their professional opinion on what happened and who was at fault. These expert opinions can carry significant weight in insurance claim investigations.
An accident crash expert could be called in if the car accident caused significant injuries or fatalities. These types of serious accident claims are much more valuable to insurance companies, so they will bring in an expert to assess damages.
#5 Your Past Driving History will be Examined
Lastly, Ontario insurance companies may also look at past driving records when determining fault in car accident claims. A driver with a history of traffic violations or previous accidents may be considered more likely to be at fault in a new collision.
Your driving record can play a role in how your claim is processed and whether you are found partially or fully responsible for an accident. The insurance company will assign a percentage of fault to each driver.
The percentage of fault determines how much or how little the insurance company will pay after an accident.
Understanding how Ontario insurance companies determine fault in car accident claims can help you navigate the claims process more effectively if you’ve been injured in a collision.
By being aware of factors such as the Highway Traffic Act, witness statements, police reports, expert opinions, and past driving records, you can better understand why fault may be assigned in your insurance claim.
Working with an experienced personal injury lawyer can help ensure that your rights are protected throughout the claims process.
How to Protect Your Rights After a Car Accident
Navigating through the complexities of motor vehicle accident claims can be overwhelming, especially when dealing with injuries and emotional distress from the accident.
Hiring an experienced personal injury law firm can provide you with the support and guidance needed to protect your rights and ensure fair compensation for your losses.
A skilled legal team will investigate the circumstances surrounding the accident, gather evidence, and negotiate with the insurance company on your behalf.
You need to remember that the insurance company’s goal is to minimize their “loss” as much as possible. They want to pay you as little as possible, and that is why it is critical to hire an auto injury lawyer to represent your rights against the big insurance company.
We Fight to Ensure Fair Compensation When Injured in a Car Accident
At Cariati Law, we understand the challenges of pursuing a motor vehicle accident claim in Ontario. Our law firm will review your loss of income, what medical care you need, and your level of pain and suffering. All of these are collectible items when dealing with an insurance claim.
When Cariati Law files a personal injury claim for you, we aim to get you the compensation you deserve from the insurance company. We know the legal process and do not charge any legal fees upfront.
Our team of dedicated top personal injury lawyers has extensive experience handling complex personal injury cases and is committed to helping our clients obtain maximum compensation for their damages.
Car accident claims can be incredibly complex, especially when determining fault and negotiating with insurance companies for fair compensation.
By seeking legal representation from an experienced personal injury law firm like Cariati Law, you can protect your rights and improve your chances of obtaining a favorable outcome in your claim.
Contact Cariati Law When Injured in a Serious Car Accident.
If you have been injured in a car accident in Ontario, Canada, contact our auto injury law firm for help.
Call us at 905-629-8040 for a free case evaluation. We do not charge you anything upfront to represent you. In fact, we only get paid after we settle your car accident claim. Our job is to fight to secure the maximum value of your claim so that the insurance company does not undervalue your claim.
Call 905-629-8040 or complete the form to schedule your 100% free accident consultation.