hula_balu

quick summary: I was involved in a 3 car accident. fortunately, it was not my fault. The 3rd car rear-ended the 2nd car which rear-ended me. police showed up, along with ems and the towing guys. I went to emerg coz of neck and back pain. 3rd guy gets charged. dunno what happened to the 2nd guy. I'm having some serious neck and back stiffness ever since the accident.

I called my insurance already and told them what happened but now I'm being told about this law in ontario - NOT @ FAULT LAW??? i don't exactly get it. does this mean the 2nd and 3rd guy is not @ fault at all even if they rear-end me? will my insurance go up?

if anyone can explain...
thanks

kwikb16a2

Did you rear end anyone? if not your for sure in the clear!

Cynikal.Mindset

no fault insurance just means your insurance company takes care of you and their insurance company takes care of them...you are covered for your damages/injuries because you were not at fault...get your physio, repairs etc your insurance premiums will not go up

spike

that sucks man, hope you feel better soon.

Adair

Sorry to hear about your mishap, it was wise to go to the hospital. I don't know what your circumstances are, but friends who have been in similar situations have not experienced hikes in their insurance premiums.

hula_balu

thanks.

so my insurance still ends up paying for my damages... i thought the guys insurance will pay for everything, his and mine included.

DumbasSi

Your insurance pays for you, his for his damages. You can sue, but I think only for what the liability doesnt cover. Excessive medical bills, lost wages, etc. Your adjustor can explain it all.

Richy

You will still have to pay the deductable which is usually $500 depending on your plan even if it is a not at fault claim. Talk to your bodyshop, My bodyshop didn't end up charging me my deductable because I brought them the work so they just charged the insurance company a little extra. Good luck and hope everything turns out well.

FiveO

You're talking out of your ***.

If you're deemed not at fault by your insurance company, you pay no deductible. The front person in a rear-ender collision is usually deemed not at fault.

FiveO

Under the standard OAP-1 Ontario auto insurance plan, you are entitled to benefits for lost wages, immediate medical care, follow-up rehab, and a certain amount of lost income compensation, but that coverage has caps on it and may not cover all of your losses in a crash. Even if it falls short, you're facing an uphill fight to try and squeeze the shortfall out of the other driver.

To sue another driver, you usually have to demonstrate that you have suffered catastrophic, permanent, or disfiguring injuries that will seriously affect your ability to lead a normal life or earn a living in the future. By "future", they are referring to long term, not the immediate short term right after a collision.

Even if you are successful in suing a person and are awarded damages, there is a $30,000 deductible on any damage award. This is written right into law under the Insurance Act of Ontario and is intended to discourage nuisance law suits for piddly inconvenience.

hula_balu

I don't plan on going to court, its just too much hassle for an extra $$$. I don't have serious injuries (nerve damage) anyway. my Immediate concern is my health and insurance premiums. (I'm being charged too much already)

thanks for the info.

kwikb16a2

Dont milk the system, but get checked out all the time. You'd be surprised how long it takes till the real pain sets in!

Nicotine

ham it up!

how bad does your neck hurt? does it ruin your daily life? hows your lack of sleep?...

milk it...

FiveO

Well, your insurance premiums shouldn't be affected at all by this one. The rest will just be one of those "inconvenient" moments we all have from time to time.

CiViCRaCeR

Each insurance company pays for the damage of their own client.
The guy the started the accident gets charged, the dude behind you gets charged for driving to close, and you're scott free.
There is no need to pay deductible because you have been deemed no fault (no charges have been laid on you)
You insurance premiums should not be affected, because you are not the cause, just the result.
Trust me I work at a body shop.

epcorreia@live.ca

the not at fault law basically means that, noone is at fault, maybe because of weather conditions, or unassumed roads. was it raining or snowing when u got into an accident?

hula_balu

weather was -20 but no rain, no snow. me and the car behind me are stationary just waiting for the light to turn green.

thanks for the clear explanation.

can i still go after this person after a year or two of the accident? im still having pain and God knows if i will still have this in the future...after all i had no pain & no suffering before the accident.

jdesouz

samething happened to me a while ago, however i was in the middle so i rear ended someone else, luckly no damage and she left. This is exactly what the insurance company told me, if there was damage to that car i "hit" and she had stayed, i would be 50% my fault and 50% the person that hit me's fault and no fault to the person i hit. So luckly for you, you were in the position that lady was in and get no fault! all the damage will be fixed 50% to the other two ppl and NO fault to you. Mine was a year or so ago so i dont remember all the details but i dont believe i paid a penny!

and yes you can go after them, so long as you have done a police report!


ROFL @
Originally Posted by epcorreia@live.ca
the not at fault law basically means that, noone is at fault, maybe because of weather conditions, or unassumed roads. was it raining or snowing when u got into an accident?

donkiest answer ever!!!!

no fault means YOUR not at fault and your insurance will NOT go up!

FiveO

Only if the injury is catastrophic. A sore neck or bit of a limp arising out of the accident won't do even if you still have it a year after the crash. Unless you're stuck lifelong in a neck and head halo, you've lost the use of a leg, or suffered some other similarly catastrophic injury, you won't get far in trying to sue the other driver.

Even if you do manage to get an award, there is also that $30,000 mandatory deductible that comes right off the top.

dachopstix

When you're not-at-fault, your insurance company will pay for all damages and injuries, without the deductible, and once all payments are submitted, they will approach the other two cars' insurance companies with a bill - in essence, your insurance company will "sue" the other two insurance companies for the money that was paid out on your behalf, and your premiums "shouldn't" go up...