"No Fault" System
No fault insurance is that which pays for
some or all of the insured person's loss,
no matter who caused it. No Fault is the type
of coverage used in Quebec and Ontario and
specifically refers to the Accident Benefits
portion of the coverage. Fault in fact is
assessed in all accidents and becomes a rating
factor for policy renewals. In Quebec and
Ontario, charts or rules are used to determine
fault or responsibility.
Owners of cars with drivers who are at
fault (or partially at fault) in a crash
often must pay higher insurance premiums
if the policy is renewed. However, the insurance
company may be unwilling to renew the policy
if there are Criminal Code convictions and/or
frequent at-fault claims.
In Quebec & Ontario, under the Direct
Compensation Agreement between insurers,
you will recover the portion of your deductible,
to the extent that the other driver was
at fault, from your own insurer.
The circumstances of a collision may show
that more than one driver was negligent.
Each driver's insurance company may then
become involved in the settlement based
on the degree of responsibility attributed
to each person. If there is a dispute about
responsibility, court action may be required
to resolve it.
Making a claim
If you've been involved in an incident that
may result in a claim, contact your broker
as soon as possible. In cases of injury
in a car crash, theft or break-in, or where
the property damage exceeds an amount prescribed
by law, the police must be informed promptly
as well.
If you have been in an accident:
Step 1
If you've been in a car accident the first
thing to do is check for personal injuries,
and call the police or 911 as needed. If
your car is drivable and you can safety
do it, move your vehicle to the side of
the road to avoid traffic congestion and
for your safety.
Step 2 - Complete a Joint Accident Report
These are available at no charge from
Ogilvy & Ogilvy. If you do not have
one, you will need the following information:
- Sketch of the accident scene detailing
vehicle positions and any other vital data
- Indicate the damaged locations
on each of the vehicles involved
- Note Other party(s): name, address,
phone number, driver license No., license
plate No., Year/ make/ Model of vehicle,
name of insurance company and policy No.
- Include witness information if
available.
Step 3 - Preventing further loss
If you are involved in a collision, you
are responsible for protecting your vehicle
from further loss or damage. Move your car
out of harms way (if it can be done safely).
Have the vehicle towed to safety if it is
not drivable. You cannot abandon a wrecked
vehicle to the insurer without the insurer's
consent. You must not order repairs, other
than those needed for protection of the
vehicle from further loss or damage, until
the insurer has consented or has had a reasonable
time to inspect the damage.
You must not voluntarily assume liability
(responsibility) for any accident or settle
any claim, except at your own cost.
If you're filing an accident report with
the police, make sure to do it within 48
hours of the accident. (In Ontario's Collision
Reporting Centres, individuals must report
an accident within 24 hours.) Get a copy
of the accident report if available, or
record the accident number.
Most policies state that a written declaration
("proof of loss") must be made
within 90 days of the incident. If you don't
make your claim within this time, your insurance
company may not be legally bound to honour
your claim. In practice, however, most companies
will honour a claim made within one year
if there is a reasonable explanation of
the delay.
It is important not to remove insurance
coverage from a vehicle that has been destroyed
or stolen before it has been replaced by
another vehicle. By doing so, you would
be eliminating the benefit provided for
the temporary substitute vehicle that you
may be operating at the time. In addition,
it is often more cost effective to continue
an existing policy than to cancel the existing
policy and begin a new one soon after.
Preventing Theft
Protecting your car against theft is important in some regions more than others. In particular, in and around Montreal, auto theft has remained a serious problem for many years. In addition to region, a key consideration is the make & model of vehicle.
To combat auto theft insurers are using a number of tools. One of the most effective and recommended devices is the Boomerang vehicle-tracking system which is available in a number of configurations depending on your preferences. Another effective method is to have all major components of your vehicle engraved by a including the glass. There are a number of reputable providers of this service.
Please contact
us prior to selecting your new vehicle.
We can advise you on premium levels and
theft protection requirements.
Rating Issues
Many factors are used to determine automobile
premiums. These factors will vary slightly
from province to province but are generally:
- Driver(s) Profile: includes age,
gender, number of years of driving experience
- Claims Record: Number and type
of claims. Some insurers will ask for
10 years of claims history to determine
rates
- Year, Make and Model of Vehicle:
Specifically, the current insured value,
that vehicle's theft potential, related
repair costs, likelihood of being in an
accident (statistically sports cars may
have a higher accident rate than minivans)
- Territory: Where you live. Generally
more congested areas are rated higher
for collision and theft potential
- Vehicle Use: Pleasure use only,
driven to and from work, used also for
business purposes represent increasing
more time on the road and is rated accordingly.
- Financial Stability: In the same way that financial institutions assess credit worthiness before extending credit in various forms to their customers, insurance companies rely on similar information which, for many clients, can result in lower premiums
- Multi-Policy Discount: This is one of the easiest premium discount options available in terms of eligibility. Some insurers will give a certain discount if a client insures their home and auto with them. The discount can apply on both policies and yield interesting premium reductions.
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