The city of Windsor is the southernmost city in all of Canada. Windsor is very close, both geographically and in other ways, to the city of Detroit, Michigan, which is located right across the Detroit River. Some of the things Windsor and Detroit share include television and radio markets, health systems, and airports.
No-Fault Auto Insurance in Windsor
Another thing they share, to some extent, is some of their car insurance policies. Ontario and Michigan both have some sort of no-fault auto insurance laws in place. Windsor, Ontario car insurance is no fault, which means that you deal with your own insurance company when seeking compensation. This applies no matter who is responsible for the accident. This differs significantly from insurance companies that do not follow this policy. Under “at fault” insurance, the insurance company of the person responsible for the accident pays the associated costs for both drivers. The primary benefit to having a no fault system is that drivers can quickly be compensated, as opposed to waiting around for insurance companies to duke it out and eventually decide which company is going to pay.
Fault Determination Rules and the Insurance Act
Just because Ontario has no fault insurance doesn’t mean that fault isn’t involved at all. Auto insurance companies will determine whose fault the accident was so they can adjust their premiums accordingly. If you are at fault for an accident, the odds are that your premiums will go up accordingly so the insurance company can recoup some of their loss. Ontario insurance companies follow predetermined guidelines when determining fault in accidents. These guidelines are specifically outlined in Regulation 668 under the Insurance Act, in a document titled Fault Determination Rules.
In the Fault Determination Rules, there are guidelines for a variety of categories of accidents. These categories include rules for automobiles travelling in the same direction and lane, rules for automobiles travelling the same direction in adjacent lanes, rules for automobiles travelling in opposite directions and rules for automobiles in an intersection. The document includes illustrated diagrams and explanations to help guide companies in determining fault.
How to Appeal a Ruling
If you disagree with your insurance company’s determination of fault, you can try to appeal their ruling. Take a look at Ontario’s Fault Determination Rules, available as a PDF, from the Insurance Bureau of Canada website. Use those rules to try to understand the reasoning behind the company’s determination. If you are still unsatisfied, talk to the claims adjuster in charge of your case. If you have new information regarding the accident, make sure to let your insurance company know about it. If all else fails, you can file an official complaint or even take it to court in some cases.