Determining who caused a car accident is an important part of any insurance claim. This is often referred to as determining liability or fault. In some cases, fault is clear. One driver made a mistake, and that mistake caused the crash. In other cases, the situation is more complicated; both drivers may have contributed to the accident in some way.

Many people are surprised to learn that they can still recover compensation even if they share some responsibility for a crash. However, the amount they receive may be reduced based on their percentage of fault.

Understanding how fault works can help protect your rights after an accident. This guide explains what shared fault means, how insurance companies determine fault, and how a shared fault finding may affect your claim.

What Does “At-Fault” Mean?

In a car accident claim, fault refers to legal responsibility for causing a collision.

Insurance companies investigate accidents to determine who caused the crash. They use that information to decide who is responsible for paying damages and what insurance coverage applies.

Depending on which province has jurisdiction, the determination of fault may impact:

  • Compensation claims;
  • Vehicle repairs;
  • Insurance coverage;
  • Insurance premiums; and
  • Legal claims between drivers.

Many people assume fault is always assigned to one driver. In reality, that is not always the case. More than one person may contribute to an accident, especially when several mistakes occur at the same time.

When that happens, fault may be shared between the drivers involved.

Shared Fault and Comparative Negligence

Shared fault is sometimes also described as comparative negligence.

This means that more than one person acted carelessly and contributed to the accident.

For example, one driver may have been speeding while another driver failed to yield. Neither action alone tells the whole story. Together, they may have caused the collision.

Other examples include:

  • Two drivers changing lanes at the same time;
  • A distracted driver colliding with a driver making an unsafe turn; and
  • One driver failing to signal before changing lanes while the other driver is speeding.

When fault is shared, each driver is assigned a percentage of responsibility for the collision. Shared fault does not automatically mean both drivers are equally responsible. The amount apportioned to each driver can vary largely depending on the specific circumstances leading up to the accident. 

For example, while it is possible for fault to be divided equally, it is also possible for one driver to be found 75 percent responsible while the other driver is found 25 percent responsible.

The percentage assigned to each driver can affect the amount of compensation available.

Contributory Negligence

Contributory negligence focuses on whether a person’s own actions contributed to their injuries.

A person may not have caused the accident itself, but their actions may have made the resulting injuries worse. This may result in them being found contributorily negligent.

Some common examples include:

  • Not wearing a seatbelt;
  • Failing to pay attention to obvious hazards;
  • Using their phone while driving; or
  • Riding with a driver known to be impaired.

In these situations, compensation may be reduced to reflect the injured person’s contribution to their own losses.

How Is Fault Determined?

After a car accident, insurance companies investigate the circumstances of the crash.

Their goal is to understand what happened and determine who was responsible.

To do this, insurers often review:

  • Police reports;
  • Photographs of the scene;
  • Dashcam footage;
  • Witness statements;
  • Vehicle damage;
  • Road conditions; and
  • Weather conditions.

Each piece of evidence helps build a clearer picture of how the collision occurred.

In some cases, the evidence points clearly to one driver. In other cases, the investigation may show that both drivers contributed to the accident. When that happens, fault may be divided between them.

Provincial Fault Determination Rules

Each province uses fault determination rules to help insurers assess accidents consistently.

These rules provide guidance for common accident scenarios and help ensure similar accidents are treated in a similar way.

Although the details vary from province to province, insurers often review:

  • Driver statements;
  • Police reports;
  • Witness evidence;
  • Photos and videos; and
  • Vehicle damage patterns.

These rules do not replace a full investigation. Instead, they help insurers apply a consistent approach when evaluating fault.

Rear-End Collisions

Rear-end collisions are among the most common types of car accidents.

In most situations, the rear driver is found responsible. Drivers are expected to leave enough space to stop safely if traffic slows or comes to a sudden stop. Because of this duty, the driver who strikes the vehicle ahead is often found at fault.

However, there are exceptions.

For example, chain-reaction collisions involving several vehicles can be more complex. In those situations, investigators may examine each impact separately before assigning fault.

Left-Turn Collisions

Left-turn accidents are another common source of shared fault disputes.

In most cases, a driver making a left turn must yield to oncoming traffic before proceeding. Because of this requirement, the turning driver is often found responsible for the collision.

Common examples include:

  • Turning across oncoming traffic;
  • Misjudging another vehicle’s speed;
  • Turning after a light changes; or
  • Failing to yield before turning.

However, fault is not always assigned entirely to the turning driver. An oncoming driver who is speeding or driving carelessly may also share responsibility for the collision.

Lane-Change Accidents

Lane-change accidents happen when a driver moves into a lane that is already occupied or fails to notice another vehicle nearby.

Generally, the driver changing lanes must ensure that the move can be completed safely before doing so. This includes checking mirrors, using signals, and checking blind spots before moving over.

Because of this duty, the driver changing lanes is often found responsible for the collision.

However, every accident is different. For example, another driver may have been speeding, driving aggressively, or changing lanes at the same time. In these situations, fault may be shared between both drivers.

Parking Lot Accidents

Parking lot accidents can be difficult to assess because there are many different ways they can occur.

Common examples include:

  • Backing out of a parking space while another car is driving up the lane;
  • Two vehicles backing out at the same time;
  • Collisions in driving lanes; or
  • Striking a parked vehicle.

Unlike many road accidents, parking lot collisions often happen at low speeds and in tight spaces. Visibility can also be limited by parked vehicles, buildings, or pedestrians.

Because of these factors, fault is sometimes shared between the drivers involved.

Photographs, witness statements, and video footage can be especially helpful when determining fault in parking lot accidents.

Why Does Fault Matter?

Fault plays an important role in almost every car accident claim.

The percentage of fault assigned to each driver can affect the amount of compensation available after a collision.

For example, imagine that an injured person’s damages are valued at $100,000. If that person is found 25 percent responsible for the accident, their compensation may be reduced by 25 percent.

In that situation, they may recover $75,000 instead of the full amount.

Fault can also affect:

  • Insurance coverage;
  • Vehicle repair claims;
  • Deductibles;
  • Future insurance premiums;
  • Lawsuits between drivers.

Because fault can have a significant impact on a claim, it is important that insurers have access to all available evidence before making a final decision.

Tips for Protecting Yourself After an Accident

The steps you take after a car accident can make a difference when fault is being determined.

If it is safe to do so, try to gather as much information as possible at the scene. Photographs can be particularly valuable. Consider taking pictures of:

  • The vehicles involved;
  • Damage to the vehicles;
  • The roadway;
  • Traffic signs and signals;
  • Road conditions; and
  • Weather conditions.

These photographs may help explain how the accident occurred and may become important evidence later.

You should also exchange information with the other driver, including:

  • Names and contact information;
  • Insurance information;
  • Driver’s licence numbers; and
  • Vehicle information.

If witnesses saw the collision, be sure to ask for their names and contact details. Independent witnesses can be very helpful when drivers disagree about what happened.

It is also important to notify your insurance company as soon as possible and report the accident if required by law or your policy. Some insurance policies may be voided if an accident goes unreported.

When speaking with insurers, be accurate and honest. If you do not know the answer to a question, it is usually better to say so than to guess.

It is also important to avoid admitting fault at the scene of an accident. In the moments after a collision, you may not know exactly what happened or what factors contributed to the crash. A simple apology or statement made in the heat of the moment may later be misunderstood. Instead, focus on exchanging information and reporting the facts as accurately as possible.

Finally, keep copies of all documents related to the accident. This may include medical records, repair estimates, receipts, insurance letters, and emails. Good records can make it easier to support your claim later.

What If Fault Cannot Be Determined?

Some accidents are straightforward. Others are much more difficult to investigate.

Fault can be difficult to determine when there are conflicting accounts of what happened or very little evidence available.

This may occur when:

  • Drivers give different versions of events;
  • No independent witnesses are available;
  • There is no video footage;
  • Weather affected visibility;
  • Several vehicles were involved; or
  • The available evidence is incomplete.

When fault cannot be determined with certainty, insurers may assign shared fault based on the limited information available. This does not necessarily mean that fault will be divided equally. One driver may still bear a larger share of responsibility than another.

As additional evidence becomes available, a fault determination may change.

Can Fault Determinations Be Challenged?

Yes; a fault determination is not always final.

If new evidence becomes available or if an important fact was overlooked, it may be possible to challenge the decision.

This can involve:

  • Providing additional evidence;
  • Obtaining witness statements;
  • Submitting photographs or video footage;
  • Requesting a review by the insurer; or
  • Seeking legal advice.

For example, dashcam footage may reveal details that were not available during the initial investigation. Similarly, a witness may come forward after fault has already been assigned.

Because fault can affect compensation and insurance claims, it is important to review the available evidence carefully before accepting a decision that you believe is incorrect.

Many disputes can be resolved directly with the insurance company. In more complex cases, however, a court may ultimately be asked to decide who was responsible for the accident. For this reason, it is important to understand that the insurer’s fault decision is not the same thing as a court’s legal finding on liability, and is not binding on the trial judge in a personal injury claim.

I Am Partly At Fault. What Happens Now?

Learning that you share fault for an accident can be frustrating. Many people assume that a shared fault finding means they can no longer make a claim.

That is usually not the case.

In many situations, you can still recover compensation even if you were partly responsible for the accident. The amount you receive may simply be reduced based on your percentage of fault.

For example, imagine your damages are valued at $80,000. If you are found 20 percent responsible for the accident, your compensation may be reduced by 20 percent. In that case, you may recover $64,000 instead of the full amount.

Every claim is different. The outcome will depend on the evidence, the circumstances of the accident, and the degree of fault assigned to each driver. A shared fault finding can affect the value of a claim, but it does not automatically prevent recovery.

Insurers do not have the final say on liability. While an insurance company will make its own fault determination for the purpose of handling a claim, a court is not required to accept that decision. If a personal injury lawsuit is commenced, the trial judge will independently assess the evidence and determine who was responsible for the collision. The judge may agree with the insurer’s assessment, assign fault differently, or even conclude that liability rests entirely with another party.

Because a fault determination can significantly affect the compensation you recover, it is often worthwhile to seek legal advice if you disagree with the insurer’s decision or believe fault has been incorrectly apportioned.

Section B Benefits

Across Atlantic Canada, drivers have access to mandatory accident benefits coverage commonly known as Section B benefits.

These benefits are known as “no-fault” accident benefits, and are accordingly available regardless of who caused the accident.

This is important because people often need treatment long before fault has been determined. A fault investigation can take time, but injured people may need medical care immediately.

Section B benefits can help pay for:

  • Physiotherapy;
  • Chiropractic treatment;
  • Prescription medications;
  • Rehabilitation programs;
  • Medical devices and aids; and
  • Other approved treatment expenses.

The purpose of these benefits is to ensure that injured people can access treatment as soon as possible after a collision. Without accident benefits coverage, many people would struggle to pay for treatment while waiting for an insurance claim to be resolved.

In Atlantic Canada, a claim for Section B benefits generally must be started within 90 days of the accident. Coverage limits also apply. In most cases, available benefits are capped at $50,000.

While this amount may be enough for some injuries, serious injuries often result in expenses that exceed available benefits. When that happens, a personal injury claim may be necessary to recover additional losses.

Does Shared Fault Work the Same in Every Province?

The basic concept of shared fault is similar across Canada.

If more than one driver contributed to a crash, responsibility may be divided between them.

However, each province has its own insurance system, legislation, and procedures. The way a claim is handled in Nova Scotia may not be exactly the same as the process used in New Brunswick, Prince Edward Island, or Newfoundland and Labrador.

The rules used to determine fault may also vary from province to province.

Because of these differences, it is important to understand the laws that apply where the accident occurred.

A lawyer familiar with local laws can explain how those rules may affect your claim. Many personal injury firms, including NOVA Injury Law, offer helpful free consultations where you can have general questions about your claim answered.

When Should You Speak With a Lawyer?

Not every accident requires legal representation. However, there are situations where legal advice may be helpful.

You may wish to speak with a lawyer if:

  • Fault is being shared;
  • Fault is in dispute;
  • You suffered serious injuries;
  • Your claim has been denied;
  • Compensation has been reduced because of a fault finding;
  • Multiple vehicles were involved; or
  • You disagree with the insurer’s decision.

A lawyer can review the evidence, explain your options, and help determine whether the fault assessment appears reasonable.

In some cases, additional evidence may be available that could affect the outcome of a fault determination. In other situations, legal advice may help you understand the full value of your claim and the benefits available to you.

Seeking advice early can also help ensure important evidence is preserved and deadlines are not missed. Generally, those injured in a car accident only have a limited time to file a claim with the court or their right to sue for compensation may be permanently lost.

Final Thoughts

Shared fault is a common issue in car accident claims. Many collisions occur because several factors come together at the same time. As a result, more than one driver may share responsibility for what happened.

Even if you are found partly at fault, you may still be entitled to compensation and accident benefits. The key question is how fault was determined and whether the assigned percentage accurately reflects the circumstances of the accident.

If you are involved in a collision, gather as much evidence as possible. Take photographs, collect witness information, keep copies of medical records, and report the accident to your insurer promptly. These steps can help protect your rights and support your claim.

If you disagree with a fault determination or have questions about your legal options, consider speaking with an experienced personal injury lawyer. Understanding your rights early in the process can make a significant difference in the outcome of your claim.

How We Can Help

At NOVA Injury Law, we understand that recovering from a car accident can be overwhelming. You may be dealing with injuries, medical appointments, insurance paperwork, lost income, and uncertainty about what comes next.

Our team helps injured people across Atlantic Canada understand their rights, access available benefits, and pursue compensation after a motor vehicle accident. Whether you are dealing with a shared fault dispute, denied Section B benefits, a serious injury claim, or questions about your legal options, we are here to help.

We proudly serve clients in Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador.

If you have questions about your accident claim, please don’t hesitate to contact NOVA Injury Law for a free consultation.

Phone: 902-442-8853

Email: info@novainjurylaw.com

This article is for informational purposes only and does not constitute legal advice.