Collision responsibility is determined with the information provided by the parties involved at the time of the accident, including:
- the actions of the drivers with respect to the rules of the road
- witness interviews
- police report
- any other governing legislation
- court precedents
You’ll find out if you’re determined at fault for the collision either verbally or by letter. SGI will settle the innocent party’s claim on behalf of the at-fault driver.
Being at fault means that you are responsible for the collision. Fault determines if you are liable for:
- damages to vehicles and/or property
- injury to yourself and/or others
- paying your deductible
If you have basic insurance that comes with the registration of your vehicle, then your coverage is outlined in Insurance deductibles.
If you have extra insurance coverage with an SGI CANADA Auto Pak, you should talk to your insurance broker as they’ll have the details of your policy coverage.
You disagree with fault decision
If you don't agree with SGI's fault determination, you speak to your adjuster's supervisor for an explanation. After which, if you still wish to dispute fault, provided damage was caused to your vehicle from the collision, then you have the option of proceeding with an action in Small Claims Court against the driver of the other vehicle within 2 years from the date of the collision.
You can also view examples of crashes and fault to better understand how fault is determined.
Under the Safe Driver Recognition program, drivers lose points on the Safety Rating Scale for certain incidents such as being at fault for a collision or for specific traffic convictions.
Any incident that moves you into - or further into - the Penalty Zone results in a 1-time financial penalty for that incident. You will be assessed the penalty immediately and will have 90 days to pay the charge.
For more information about financial penalties and the Safety Rating Scale, review Financial discounts and penalties.
Examples of fault and collisions
The following examples show how fault is decided in most cases. Remember though, since every crash is unique, legislative changes and case law evolves, fault in your crash may be assessed differently than it is in these examples.
The examples in this section show the rule of the road and who is typically, but not always, found at fault.
Should you wish to search for a copy of any of the cases please send an email to firstname.lastname@example.org and the case name and citation will be provided to you. All other questions should go through your adjuster or the call centre.