General Rules About Proving Fault

Now, the process of determining the actual legal responsibility for an accident of any kind is capable of being quite complicated. The case often rests on whether someone has been negligent or not. It is easy to assume that someone is actually responsible for the injuries that you’ve incurred and you might as well be right about it. However, before you are capable of actually repairing the damages based on this assumption, you need to have some solid proof and to have established the fault.

Determining Liability

As we mentioned in the beginning, the majority of the accidents tend to happen mainly because someone was actually careless. The basic rule is that if someone who’s been involved in an accident is less careful than he must be, he is going to be the one at fault. Of course, this is quite generalized. When it comes to the province of Ontario, however, determining fault in some of the accidents is actually quite irrelevant, at least for the preliminary stage when you get your compensation.

Specifics to consider

The main thing that you want to be well aware of when it comes to the insurance legislation in Ontario is that there is a “no fault” rule which is in force. This means that regardless who is the one who’s actually at fault, the injured party can claim compensation directly under his own insurance policy. This is something very important as it saves the victim a serious amount of time and hassle and the need to go through a court procedure. This is also why about 90% of the car accident cases in Ontario are settled without even getting to the court room.

Of course, whenever you are resting on legislation you need to be able to identify the source. The source of the “no fault” rule is the Insurance Act of Ontario itself. There, within it, you will find the Rules of Fault Determination which contain said rule. It is important to take it into serious consideration. However, this doesn’t go to say that you can’t sue the faulty driver if that wasn’t you. It merely means that you have another means of getting compensation. If the insurance company denies your claim and you’ve already filed a letter of intent towards the other party, you are absolutely entitled to claim compensation from him. However, your lawyer is going to ensure that you get the right legal assistance at the right time. Thus, don’t delay hiring a lawyer soon after the accident.

Of course, it is important for you to rely on an experienced personal injury lawyer with the necessary expertise when it comes to it. This is important because this is going to ensure that you get the right assistance. This is also going to ensure that you get the compensation you are entitled to.