12 Most Common At-Fault Accidents

What is an at-fault accident?

Being at-fault is precisely as it sounds – you are the driver responsible or the cause of an accident. For example, you are the car that initiated contact or failed to stop in time. You are the cause of the collision.

Your insurer determines the amount of fault for which you are responsible. They will perform an investigation. Someone will always be found to be at-fault, whether it's fully or partially. You can be found anywhere from 0% to 100% responsible.

One thing that many drivers are unaware of is that at-fault applies to all drivers. When you lend your car to someone, you also lend that person your insurance. If the person who borrows your car has an at-fault while driving it, their accident goes on your record, and your costs could go up.

When you lend your car to someone, you also lend that person your insurance. If the person who borrows your car has an at-fault while driving it, their accident goes on your record, and your rate could go up.

How do insurance companies determine who is at-fault in a car accident?

Fault determination rules were created to help insurance companies, police, and others determine who is at-fault and how much fault they share. Your insurer determines who is at-fault. To do this, they use the Fault Determination Rules created under the Insurance Act to investigate the accident and assign it. Who is at-fault for an accident is only sometimes clear initially. Many factors go into fault determination, such as who was involved, where they were driving, speed, and road conditions.

Under the Ontario Fault Determination Rules, they explain, after you report an accident, the company will investigate the circumstances and then make a decision based on the accident fault determination rules in Ontario.

2. (1) An insurer shall determine the degree of fault of its insured for loss or damage arising directly or indirectly from the use or operation of an automobile in accordance with these rules.

Here are some considerations that insurers will explore to determine fault:

Both drivers involved in the accident will provide their accounts to their insurance companies. If the police were involved, their report would be reviewed, including witness statements, officer observations, and any citations issued. The details of the accident are matched against predefined scenarios to determine fault.
Ontario operates under a no-fault insurance system, but fault determination still matters for insurance premium calculations.
Fault can be wholly or partially assigned to one or multiple parties. If new evidence becomes available, the initial fault determination can be reassessed.
The driver found at-fault may face an increase in their insurance. Some insurance policies include accident forgiveness clauses.
If a driver disagrees with the fault determination, they can dispute it with their insurance company or take the matter to arbitration or court for a final decision.

How do you dispute if you have been determined to be at-fault?

You have the right to disagree with the fault determination. This is why it's so important to document everything. You can appeal the decision and state your case to your provider. All companies have an appeal process in place. A third-party mediator may also be brought in to make a final determination.

There are many different types of car crashes and accidents that you could be involved in when driving – sideswipes, T-bones, head-on incidents, multi-car pile-ups and more. However, there is a difference between getting into an accident and being the cause of one.

In some accidents that happen on our roads, highways, parking lots and even driveways, whose fault it is not always clear cut. Here are 12 common collisions and who is potentially to blame when cars collide:

Rear-end collision: Rear-ending another vehicle is typically the easiest way to determine fault in a car accident. The car that makes the initial contact is usually considered at-fault, regardless of whether the other vehicle comes to a sudden stop, stops at a traffic light, or is parked on the side of the road. If multiple cars rear-end each other, each vehicle that hits the car in front of them will usually share some of the fault.
Head-on: In a head-on collision, two cars collide directly at the front of the vehicles. The driver travelling in the wrong direction is typically at-fault in a head-on crash.
Side-swipe: Generally, the driver responsible for leaving their lane is at-fault in a sideswipe car accident. However, if another driver forces you out of your lane, they may also be at-fault.
Rollover: Rollover crashes can be complex because there are many considerations about who caused the accident. It is possible that it was not the other driver's fault but that of numerous other parties or factors such as road conditions.
Parked car: Generally, the driver who hits a legally parked car is at-fault. If you hit a parked car, consider the laws around a hit-and-run and stay at the scene.
Pedestrian/cyclist: If a pedestrian is injured in a motor vehicle accident, the driver is presumed at-fault until proven otherwise. The pedestrian only needs to show that the incident negatively affected them.
Single driver: In most cases, if you are involved in an accident with no other drivers, you will likely be considered at-fault. Some common single-driver accidents include causing damage to public property, crashing into a parked vehicle, hitting a tree, and hitting a pedestrian. Even if the cause is poor road conditions or you swerve to avoid an animal or obstacle, you may still be held responsible.
Failure to obey traffic signs: If you fail to abide by the rules of the road, you will most likely be found at-fault. This includes running a red light, failing to signal when changing lanes, disobeying a posted traffic sign, and causing an accident with another vehicle that was following the rules of the road, regardless of who made the initial contact.
Changing/merging lanes: In most situations, the vehicle making the lane change or entering a lane of traffic is at-fault. This includes changing lanes, turning into a traffic lane, merging onto the highway, and any other situation when a vehicle moves across the line.
T-Bone: A T-bone accident, or side impact, can happen in many situations. It most frequently occurs at intersections. Depending on the situation, either driver could be to blame. It often comes down to which driver had the right-of-way and if a traffic violation occurred.
Driving while distracted: Taking your eyes and attention off the road for any reason will make you at-fault. Distracted driving is one of the leading causes of accidents and deaths on our roadways. If you are found to have been texting, using your phone, or engaging in any activity that is deemed to be distracted driving, then you will most likely be found to be at-fault.
Impaired driving: Driving while impaired will immediately qualify you to be at-fault if you are involved in an accident. These are some of the most common incidents; however, regardless of the type of accident in which you are involved, you could be found to be fully or partially at-fault.

How to prevent an at-fault accident

Preventing accidents requires responsible driving, obeying traffic laws, and regular vehicle maintenance. Here are tips to stay safe on the roads:

Maintaining a safe following distance is essential to prevent rear-end collisions.
Traffic signs, school zone signs, signals, and speed limits must be obeyed at all times.
Avoid texting, eating, or adjusting the radio while driving.
Use turn signals and check blind spots before changing lanes.
Defensive driving is necessary because it involves predicting the actions of other drivers.
It is never advisable to drive under the influence of alcohol or drugs.
Getting enough rest before long drives is important to prevent fatigue-related accidents.
Adjust driving behaviour according to weather conditions, and use winter tires in snowy or icy conditions.
Regularly inspect and maintain your vehicle to prevent mechanical failures.

What happens in car accidents when a pedestrian is at-fault?

What happens if a pedestrian causes an accident or runs in front of your car? The same rules apply in determining fault, such as if two vehicles caused it. Your company will use the fault determination rules to assess responsibility for the incident. There are several common situations where pedestrians can be found to be at-fault, even if they are not hit by the vehicle or injured. They include:

Crossing in the middle of the road.
Jaywalking.
Crossing against traffic signals.

What happens if you're in a car accident with an uninsured driver not at-fault?

Being involved in an accident is bad enough. But, getting into an accident that is not your fault and with an uninsured driver can complicate things.

The good news is you are covered. All policies in Ontario include uninsured automobile coverage. This protects you in instances you are involved in an accident with someone who is driving without insurance. You will deal directly with your provider, and they will compensate you for damage and medical costs.

What do you do after an accident that is your fault?

Once you ensure everyone is okay at the accident scene, file a police report, take your vehicle to the reporting centre, and contact your insurance company. Don’t admit fault.

If you are found to be at-fault, expect a change in premium or possible denial when it is time for your car insurance renewal. If you have an accident on your record, it’s more important than ever to browse rates to find coverage and keep costs down. If your policy has accident forgiveness, you may not see any impact from the claim.

What do you do after a car accident that is not your fault?

You must still file a claim if you are involved in a not-at-fault accident. The claims process works the same as if you are responsible. You report your accident at your local reporting centre, notify your agent or advisor, and complete the required paperwork.

At-fault accidents FAQs

Who's at-fault in a multiple-vehicle accident?

Determining fault becomes more complex when more than two vehicles are involved, such as multi-vehicle accidents.

Who is at-fault in an intersection accident?

There are many factors at play in an intersection accident. Whether or not the light was red, a driver was turning left; traffic violations occurred, and more need to be considered to assign fault.

Is a tire blowout an at-fault accident?

Tire blowouts happen all the time. In general, your policy does not cover tires. A blowout may or may not be considered an accident, especially if no other vehicles are involved. The nature of the blowout will also be considered – it could be caused by debris or a manufacturer defect. Fault is determined on a case-by-case basis.

Limit your chances of being at-fault for an accident

By practicing safe driving and limiting your distractions, you can lower the chances of being at-fault for an accident. Of course, not all collisions can be prevented, and you should always have your car insurance up to date.

Categories	Auto
Tags	Accidents Auto Coverage Auto Claims

Types Of At-fault Accidents In Ontario

A list of the most common types of at-fault accidents

Three main takeaways about at-fault accidents in Ontario

What's on this page:

Limit your chances of being at-fault for an accident

What is an at-fault accident?

How do insurance companies determine who is at-fault in a car accident?

How do you dispute if you have been determined to be at-fault?