Fault in Ontario

[sophiahiddenlight]

If a big truck hit you taking a turn at an intersection and you managed to back up to mitigate the damage, are you at fault for damaging a vehicle behind you? Transport driver charged. Happened to a buddy and he is arguing with insurance.

 

[sovereignone]

@sophiahiddenlight Ontario follows a standard set of Fault Determination Rules.

https://www.ontario.ca/laws/regulation/900668

I think we'd be looking at number 19 (it's the only one that mentions backing up) in conjunction with number 3, ie; it doesn't matter what else was going on or why your friend was backing up ("The degree of fault of an insured is determined without reference to, (a) the circumstances in which the incident occurs,"), it simply matters that your friend was backing up and hit someone.

 

[sophiahiddenlight]

@sovereignone Thanks.