Automotive

What are my rights in Canada when I am zero at fault in a car accident?

  • Last Updated:
  • May 25th, 2018 4:21 pm
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Jun 24, 2015
1134 posts
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Woodbridge, ON
he said he was in Montreal so that would be the country of Quebec. Anyways its not fair, My mother was side swiped, but the insurance wrote off her car and only gave her 2 thousand for it, but to buy an identical car used, would cost 5 thousand, so the insurance is a big crook, worse than Italian crime families.
Hi
Deal Addict
Jul 3, 2017
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The liability of the other party (the driver or their insurance company) is limited to the lesser of the repair cost or the write-off value of your vehicle. You might feel terribly inconvenienced by having your functional old junker written off for $500 and have to buy a newer old junker for $1500, but that's the law. The other party is required to restore the value that you have lost, but not more than that value.

You can optionally have your own replacement-cost insurance on a vehicle, but most insurance companies limit that to the first 2-3 years that you own a new vehicle.
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Apr 25, 2013
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GoodFellaz wrote:
Dec 31st, 2017 12:28 pm
he said he was in Montreal so that would be the country of Quebec. Anyways its not fair, My mother was side swiped, but the insurance wrote off her car and only gave her 2 thousand for it, but to buy an identical car used, would cost 5 thousand, so the insurance is a big crook, worse than Italian crime families.
Insurance companies give you "offers", you don't have to accept it like 99% of the claimants, just ask for more and they will give it to you !
When you say "No" to their first offer they now know they are dealing with a professional !
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Aug 15, 2015
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jzmtl wrote:
Dec 30th, 2017 1:46 pm
I'm surprised police came for a dent, here the cops would tell you to piss off and go contact your own insurance.
Police always shows up for a hit and run.
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jzmtl wrote:
Dec 30th, 2017 2:13 pm
Lucky you. My parents were swiped by someone squeezing pass them at end of two lane merging, they called the cops, cop just said "Anybody hurt? No? Then not our problem."
Can't expect them to take time away from their Timmies to actually do some work.
"On some great and glorious day the plain folks of the land will reach their heart's desire at last and the White House will be adorned by a downright moron.” -HL Mencken
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Aug 11, 2008
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First off, here in ONTARIO, your own insurance company pays you for the claim, beit at fault or not at fault, the other company does not. You only deal with your insurance company, not theirs. Not at fault accidents fall under the direct compensation portion of the policy and usually do not have a deductible. At fault collisions, fall under the collision portion of your policy, which usually have a deductible.

If the damage is greater than the vehicles value, then they will write the vehicle off and make you an offer. if the damage is less than the value of the vehicle, they do have the right to repair it. Its right in your policy wordings. You should be able to get a rental no problem since you state its not your fault.

If you chose to buy back your vehicle, you will have to show the insurance company you have done the repairs to it .

what is the advantage to having a lawyer?
newcal wrote:
Dec 30th, 2017 11:47 am
Ok, I'm just annoyed of the myths and misunderstandings out there regarding obligations of Car insurance company when one of their clients causes a 100% fault accident and I am zero% at fault. What are my legal rights in Canada for car/property compensation?

I was recently in a car accident. I was zero at faults. The other person hit my car in broad daylight with lots of witnesses. Driver admitted to 100% fault. In a nutshell, I was minding my own business driving in my own lane when all of sudden the other driver crossed yellow centre line and collided with my car. Insurance of driver causing accident wants to write off my car. I want to refuse and ask them to restore my car.

I always assumed that our social contract we have in our society in Canada is that if I destroy your private personal property, and it is my fault, then oh my golly I am responsible to make it right by restoring your property to its before accident condition. Granted it may be costly no doubt, but that’s fair isn’t it?


So why can’t I ask the other insurance company to rebuild and restore my car? We all carry $500,000 (some have million dollar or more) liability insurance for such a day, right? SO Why doesn’t insurance company step-up to the plate and say: we will fix your car??!! Oh by the way we are so sorry our client was such a disk and wasn’t paying attention and hit your car.

So, if you have a comment or suggestion as how I should proceed with other person’s insurance company please write here. I really appreciate your input and suggestion. I have not signed anything so my options are all open. Should I get a lawyer to fight? My car is a daily commuter, and not a expensive car. And parts are cheap. Car can be fixed. I really love my car and want to have it fixed and continue using it. Thank you.
Last edited by COSMIC5 on Jan 1st, 2018 11:11 am, edited 3 times in total.
RIBO LICENCED INSURANCE BROKER, over 30 years experience
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Aug 11, 2008
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the only time the other ins company is contacted, (speaking of Ontario now), is to confirm their "guys" fault.
Why would he have to pay his deductible?
Why would this count as an at fault claim?
EdT586 wrote:
Dec 30th, 2017 1:31 pm
You have none. If you done a joint report then the other driver might admit to 100% fault and you can try to convince your insurance company to contact his insurance company to settle, but you will still be required to pay the deductible and it counts as a claim. If the guy was an ******* and didn't want to do a joint report, then just file a hit and run report with police if you got his license plate.
One time an ******* dent my door and I confronted him and he said he had no time to fill in a joint report because he had to go to work.
I followed him to his work place and then went to the police station and the police told him to come out, the embarrassment by his co-workers knowing the police was looking for him was satisfactory enough for me ! ...LoL
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BeaverLiquor wrote:
Dec 30th, 2017 1:41 pm
Just an FYI, different Provinces have different rules for dealing with insurance. Get familiar with what the rules are in you province.

If you want your car back, buy it back from the insurance company and fix it with the settlement they give you.
This is echoed to be true. Usually every party seeks a write-off in a case like this because it's financially advantageous for both.

- Insurance company takes a smaller loss.
- You essentially get a free car sale service without all the hassle of a traditional sale. If you had an illiquid car before - such as one most people do not want, or has a bad Carproof, then this is like a blessing in disguise.
- Though it may be different outside in Alberta, here from my experience they don't look at the car's Carproof in determination of the market value at write-off time.
Insurance of driver causing accident wants to write off my car. I want to refuse and ask them to restore my car.

I always assumed that our social contract we have in our society in Canada is that if I destroy your private personal property, and it is my fault, then oh my golly I am responsible to make it right by restoring your property to its before accident condition. Granted it may be costly no doubt, but that’s fair isn’t it?
That's what lawyers are for - so you can in theory sue for the true market value of the car - perhaps due to it being a restoration project or having other collective value (or market value of the work you are going for) if you disagree with the procedure/payoff amount. If you have injuries, it's even easier. But it's usually disadvantageous because you might as well buy the car back from insurance or the auction lot it gets sent to, and the defendant and court may question your claimed market value, outside rare cars that have paper trail proof of having higher market value.
You should be able to get a rental no problem since you state its not your fault.
If you chose to buy back your vehicle, you will have to show the insurance company you have done the repairs to it .
Rental is policy specific - it's an additional add-on for a little extra cost. So depends if OP purchased it. I have it on mine, and the deal with my coverage I pay for is I get free rentals for the duration of the vehicle being repaired, OR until the vehicle is written off and I am financially compensated accordingly.

The policy with buying vehicles back and registering again may vary upon province, but in Alberta and BC, it'll just have a "salvage" title that'll stay with the registration, so resale is severely degraded. On the bright side usually such vehicles are very cheap from insurance/auction for that reason. To register such a vehicle in BC, it'd have to pass the emissions testing, and (someone correct me if I am wrong) a mechanical inspection. In Alberta, if it is already an Alberta-Registered vehicle, then it's more straightforward- just register and go. If it is an out-of-province vehicle, then it must have a throughout mechanical "new to province" inspection and undergo all repairs to pass. The Alberta inspection is very stringent; basically the vehicle must have 0 mechanical and safety issues. Most just part out or sell their vehicles and just buy an Alberta registered vehicle.
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Jun 24, 2015
1134 posts
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Woodbridge, ON
EdT586 wrote:
Dec 31st, 2017 2:34 pm
Insurance companies give you "offers", you don't have to accept it like 99% of the claimants, just ask for more and they will give it to you !
When you say "No" to their first offer they now know they are dealing with a professional !
But But *Godfather Voice* They made me an offer I could not refuse */Godfather Voice*
Hi
Sr. Member
Mar 17, 2016
543 posts
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You've got to give us more details OP, so that we can understand your situation better.

Is the insurance giving you a below/equal/above market value for your car? Is your car a used car, meaning you'll have to shop and get another used one? That could be a big hassle finding a right used car out there. Does your car carry some sentimental value/is it a collectible?
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Jun 24, 2015
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Hey, I am not the OP, I am just a contributor like you are. I think you got the wrong person
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Oct 23, 2008
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Sorry OP, same sheet happened to my wife last April. Unfortunately the most you can do is to get as much out if the insurance company as possible for the write-off. I agree that the offending party should have to compensate you financially for the hassle and additional burden of getting a replacement car whether used or new, however, the way the system is set up you are SOL.

Start shopping around and if getting a new car, ask your fellow RFD members and read the forums to get the best negotiating tactics.
Tis banana is IRIE :razz:

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!
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Apr 20, 2009
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COSMIC5 wrote:
Jan 1st, 2018 11:11 am
First off, here in CANADA, your own insurance company pays you for the claim, beit at fault or not at fault, the other company does not. You only deal with your insurance company, not theirs. Not at fault accidents fall under the direct compensation portion of the policy and usually do not have a deductible. At fault collisions, fall under the collision portion of your policy, which usually have a deductible.

If the damage is greater than the vehicles value, then they will write the vehicle off and make you an offer. if the damage is less than the value of the vehicle, they do have the right to repair it. Its right in your policy wordings. You should be able to get a rental no problem since you state its not your fault.

If you chose to buy back your vehicle, you will have to show the insurance company you have done the repairs to it .

what is the advantage to having a lawyer?

This only applies if all vehicles involved are insured in a province that participates in DCPD. If not, the not at fault party can choose to go through the insurer of the at fault party.
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should have said "ONTARIO" :rolleyes:
absolut123 wrote:
Jan 2nd, 2018 12:05 pm
This only applies if all vehicles involved are insured in a province that participates in DCPD. If not, the not at fault party can choose to go through the insurer of the at fault party.
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COSMIC5 wrote:
Jan 2nd, 2018 3:22 pm
should have said "ONTARIO" :rolleyes:
Even in Ontario there are stipulations.

For example, if you as an Ontario driver did not carry collision coverage and got into an accident in Ontario with a vehicle that has Alberta plates and Alberta insurance, even if you are 100% not at fault, you cannot claim through your own insurer as you do not have collision coverage and DCPD most likely would not apply as most Alberta insurers have not signed on with FSCO to provide this coverage. Therefore the not at fault Ontario driver would have to claim through the Alberta insurer or sue the Alberta driver.

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