How Long Does an At-Fault Accident Stay on Your Insurance?

Car accidents can be extremely frightening. The experience of being involved in a motor vehicle accident is even scarier when you’re being blamed for causing it. You’re left to worry about how an at-fault accident will impact your insurance premiums. If you suffered injuries, you’re likely also feeling anxious about whether you’ll get compensation for your losses and damages. 

Our Sault Ste. Marie and Elliot Lake car accident lawyers prepared this article to explain the significance of fault determination and how liability for a car accident can impact both your insurance and your claim for personal injury compensation. If the insurance company has found you at fault and you don’t agree, we welcome you to reach out to our Sault Ste. Marie and Elliot Lake law firm for advice.

How Long an At-Fault Accident Stays on Your Insurance 

The length of time an at fault accident stays on your record depends on the province in which you reside. In Ontario, an at-fault accident stays on your driving record for six years from the date of the accident. 

Ontario auto insurers use information in your driving record as an indicator of your driving behaviour. Their assessment of risk determines your insurance premiums. The general rule is that an at-fault accident can impact insurance rates for up to six years, but it can be more or less time depending on your insurer’s policies. Some insurers only go back three years; some look at a longer window of time. The more at-fault accidents you have on your record, the higher your auto insurance rates are likely to be. 

There are other factors that may influence whether and how much your insurance rates increase after an at-fault accident. If your driving record was otherwise clean and stays clean in the years immediately after the accident, it may lessen the impact on your premiums. If you purchased accident forgiveness coverage before the accident, your rates may not change at all (though it depends on the specific terms of the accident forgiveness protection you have in place). 

How an At-Fault Accident Impacts Injury Compensation 

If you suffered injuries as a result of an accident you caused, you can still apply for Statutory Accident Benefits. Also called no-fault insurance benefits, this type of claim is intended to cover out-of-pocket costs like repairing or replacing damaged medical devices and clothing, ambulance fees, expenses related to your hospital stay, medication and treatment expenses, and more. You are entitled to this financial support even if you were 100% at-fault for the accident.

You may also be entitled to sue for damages such as pain and suffering, future income loss, and future care expenses. However, the question of fault (a.k.a. liability) impacts your right to bring a personal injury lawsuit:

• If you’re 100% at fault for the accident, you can’t bring a personal injury lawsuit against anyone else to recover damages for your injuries (though you can still make a no-fault accident benefits claim). 

• If someone else is partially or entirely at fault for the accident, you can bring a personal injury lawsuit against them to recover damages for your injuries in addition to making a no-fault accident benefits claim.  
  

Fault also impacts the amount of compensation you can receive in a personal injury lawsuit. If someone else is found to be 100% at fault for the accident that caused your injuries, you recover 100% of the damages awarded to you. Conversely, if some fault for the accident is apportioned to you, your damages will be reduced by that amount. For example, if you are found to be 30% at fault, you will recover 70% of the damages awarded to you. 

What if You Don’t Agree with the Determination of Fault?

If the insurance company has assessed you as being partially or entirely at fault for the accident and you don’t agree, you have options. First, contact your insurer to ask which Fault Determination Rule it relied on in deciding your claim. You can submit new evidence and information (e.g., photographs, video footage, witness statements) and ask the insurer to reconsider its fault determination.

If direct negotiations with your insurer aren’t successful, options typically include making a complaint to the insurance company’s complaint officer, using the insurer’s internal appeal process to have the decision re-considered, making a complaint to the relevant Ontario insurance regulatory body, and/or using arbitration to seek a different outcome on the question of fault. 

It’s important to note that fault determination rules in Ontario do not determine liability in a personal injury lawsuit. The insurance company’s decision is not binding on judges or juries. Reach out to our Sault Ste. Marie and Elliot Lake law firm right away to discuss your accident and whether you have a viable personal injury case despite the insurance company’s fault determination. 

There are important limitation periods that are continuing to run while you engage with the insurance company about its fault determination. The usual limitation period for most accidents is two (2) years from the date of the accident. That means you must bring your civil lawsuit against the person who caused your injuries within two years. If you don’t, the right to sue to recover compensation may be lost. Additionally, a claim for Statutory Accident Benefits should be opened immediately following your accident, and an application should be submitted within 30 days of your accident. 

HELP WITH PERSONAL INJURY AND NO FAULT ACCIDENT CLAIMS  

Elliot Lake, Sault Ste. Marie, Wawa and surrounding area residents have been relying on the car accident lawyers at Feifel Gualazzi for help navigating the insurance process and obtaining rightful compensation. Contact us to talk to a personal injury lawyer today. 

We are one of Northern Ontario’s largest personal injury law firms, representing people who’ve been hurt in motor vehicle accidents, bicycle accidents, pedestrian accidents, and accidents involving ATVs, motorcycles, and snowmobiles. Our team has the experience and focus to get you the compensation you deserve.  

We offer a free, no obligation case evaluation. Let us help you get back on the road to recovery.