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Paula C. (excuse the pun on "policy") was born a few years ago when national opinion polls and focus groups showed that the industry which insures the homes, cars and businesses of Canadians could do a much better job of explaining how this kind of financial protection really works. Paul C. Newspaper Column FAQ's are provided courtesy of the Insurance Bureau of Canada

 

 

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Auto insurance: "no fault" doesn't mean no blame

 

Dear Paula C.:

Driving home from work recently, I sideswiped a car while I was changing lanes -- I just didn't see it! Luckily, I was not injured, nor was the other driver. But now my insurance company is saying the accident was my fault, and my premium will go up as a result. However, I live in a province that has so-called "no fault" insurance. So why is the insurance company saying I was at fault and have to take the rap? -- "No fault" Novice

 

Dear Novice:

You caused the accident, so you have to pay the penalty, regardless of the insurance system in your province. But you certainly can't be blamed for being confused about the term "no fault" insurance -- a misnomer if I ever heard one! Despite its misleading name, no fault insurance doesn't mean the insurance company lets you off the hook if you cause an accident; it simply means that all drivers who are involved in an accident claim for any injuries or car damage from their own insurance company -- regardless of who was at fault.

Let's say you were involved in an accident in which you were NOT at fault. With no fault insurance, you would look to your insurance company to pay your claim, even though the other driver caused the accident.

The term "no fault" usually applies to accident benefits where payments are the same regardless of fault. For example, if you had been injured in your recent car accident, you would have been able to access any medical benefits offered under your policy immediately from your insurance company, despite the fact that you were to blame for the accident. Therefore, you can get the help you need right away, instead of having to wait for the insurance companies to decide who was at fault before paying out any benefits.

However, that doesn't mean that the guilty party won't be blamed -- and penalized -- for causing the accident, as you discovered. Sure, your insurance will pay for your car to be repaired or replaced (whichever is more economical), and it will pay any accident benefits for which you are eligible. But if you are at fault -- either completely or partially -- in an accident, it will go on your insurance record and you'll pay a lot more for your coverage.

So don't think that "no fault" means no blame. Your best bet is to drive safely, no matter what the insurance system in your province. No one can find fault with that!

 

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