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Does an At-Fault Accident Affect My Accident Benefits?

An at-fault accident does not affect accident benefits. For many people who are victims of Ontario car accidents, the most important component of their insurance claim is their statutory accident benefits coverage. This coverage may be vital in helping them pay their bills and get the care they need following an accident.

Statutory accident benefits pay out according to Ontario Regulation 34/10 regardless of fault in your accident. However, fault affects other aspects of your claim, such as filing for property damages to repair your vehicle. In addition, an at-fault accident may raise your premiums. If a victim of an accident you caused passed away or suffered serious injuries, you may face a third-party liability claim or lawsuit.

Every Ontario Traffic Accident Requires a Fault Determination

According to the Financial Services Commission of Ontario (FSCO), insurance carriers must always determine fault following an auto accident when anyone involved files a claim. Fault may be fully assigned or shared between multiple parties.

When the insurance company determines fault is shared, they must go a step further to assign a specific percentage of the fault to each party. Your premiums may go up if you are more than 25% at-fault in an accident. In addition, you may face challenges from others who suffered injuries in the accident if they qualify to file a third-party liability claim or lawsuit.

Rules for Determining Fault in an Ontario Accident

Ontario law seeks to provide a way to ensure fault is handled fairly by enacting R.R.O. 1990, Regulation 668. This statute includes multiple car accident situations and establishes fault for each one.

Even if this process finds that you caused or shared the responsibility for causing your Ontario car accident, you will still be able to file a claim and recover benefits based on your statutory accident benefits coverage. This is a no-fault coverage and is a part of the mandatory insurance policy required for all vehicles in Ontario.

Fault Is Central in Third-Party Liability Claims and Lawsuits

There are other reasons why it is important to consider fault after a car crash. When those involved in an accident sustain serious injuries, impairments, or permanent disfigurement, injuries, they may meet the threshold to pursue fault-based compensation for their pain and suffering and future medical care and rehabilitation. Lost income is not subject to any threshold.

If you were found to be the at-fault driver, you could face a third-party liability claim or a car accident lawsuit.

If another party who caused your accident is at fault, and you meet the severity threshold, you may be eligible to hold them liable and recover additional compensation.

If you have questions about your rights, the fault determination process, or whether you may be able to pursue fault-based claims, reach out to our Ontario car accident law firm today.

A car accident lawyer who is familiar with Ontario accident law and the Insurance Act may be able to represent your case and help you navigate any legal issues you may face pursuing a fault-based claim or lawsuit.

A Member of the Preszler Injury Lawyers Team May Be Able to Explain Your Rights and Options Today

At Preszler Injury Lawyers, our team may be able to review your case and outline your options for potentially recovering damages. We understand the complexities of car accident claims and may be able to manage yours on your behalf.

Call us today at 1-800-JUSTICE for a free initial consultation with a member of our team.

Call us now at

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
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2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
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105 Consumers Drive
Whitby, ON
L1N 1C4
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92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
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380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
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2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
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1 Hunter St E,
Hamilton, ON
L8N 3W1
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459 George St N,
Peterborough, ON
K9H 3R9
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22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
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116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
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10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
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*consultation offices

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