How do Highway Traffic Act charges or convictions affect the insurance companys decision?
According to the regulation, the Fault Determination Rules must be applied without regard to such things as road or weather conditions; visibility or the point of impact on the vehicles. As well, determinations on fault are made independently of decisions made by police officers to charge a driver. A charge under the Highway Traffic Act does not necessarily mean that the person charged was “at fault” for insurance purposes. In the same way, a lack of charges does not mean that no one was at fault. For example, if a car was unable to stop on an icy road and rear-ended another, a police officer may have told the parties that “no one was at fault”. This comment relates to the laying of charges and should not be taken as an opinion with respect to the Fault Determination Rules for purposes of dealing with an auto insurance claim. In this case, the insurer would apply the Fault Determination Rule which indicates that a car that rear-ends another is at fault.
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