View Single Post
Old 05-28-2014, 08:28 AM   #9
fredr123
Franchise Player
 
fredr123's Avatar
 
Join Date: Apr 2004
Exp:
Default

Most insurance companies in Canada are signatories to the Insurance Bureau of Canada's Claims Agreement. The Claims Agreement deals with, among other things, how insurance companies will apportion fault in different circumstances involving motor vehicle accidents. The Claims Agreement is not readily available online, however:

Quote:
Insurance companies, like people, sometimes disagree about who is responsible for what. Claimants should not be greatly inconvenienced in these situations, and should be able to have a claim resolved and paid expeditiously. Therefore, Insurance Bureau of Canada administers several voluntary agreements among insurance companies that are designed to facilitate settlements and reduce or eliminate legal and court costs. They provide insurers with an inexpensive mechanism to determine which insurer is ultimately responsible for paying the claim. Policyholders and third-party claimants are not party to these agreements.

IBC members can access full text of the agreements on IBC’s secure members’ website, InfoSource. Non-members should contact memberservices@ibc.ca for more information.
Ontario has Fault Determination Rules which are regulations under the local Insurance Act. They, unsurprisingly, contain rules for... determining... fault in automobile accidents: http://www.e-laws.gov.on.ca/html/reg...s_900668_e.htm

I'm not a huge fan of rules of thumb and I think, despite what they may say, there are circumstances where someone who might be at fault under the rules would have a pretty solid defence if the matter was taken to trial. I can, however, see the value in trying to resolve disputes without having to take every case to trial.
fredr123 is offline   Reply With Quote