Ontario's no-fault motorcycle insurance - what is it?
Posted: March 12, 2007
"No-fault" insurance means if you're injured or your motorcycle is damaged in an accident, then you deal with your own insurance company, regardless of who is at-fault. You don't have to go through the at-fault driver's insurance company for compensation.
Similarly, if your passengers are injured, they will approach their own insurance company for benefits. If your passengers don't have an insurance policy of their own, then yours may pay benefits to them.
How does it work?
Someone is always deemed to be "at-fault" in an accident, whether partly or fully. The law requires insurance companies assign the percentage of fault for each of the drivers involved. This is done by using the "Fault Determination Rules". Your percentage of fault will determine the amount of deductible you have to pay. Generally, if you're fully or partially at fault in an accident, insurance companies will increase your premiums at your next renewal date.
These rules, set out in a regulation under the Insurance Act, help insurance companies deal with accident claims quickly and economically. It is important to note that the Fault Determination Rules differ from any charges laid by the police under the Highway Traffic Act.
What to do if you don't agree
Don't agree with the way in which your insurance company has determined fault? Then contact the person your insurance company has appointed to deal with consumer complaints. This is usually the company's Ombudsman Liaison Officer. If your complaint is still not resolved, you may contact the Ontario Insurance Ombudsman. If you're still not satisfied with your insurance company's position, you may choose to go to court.
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