Car accidents are common in Toronto, especially with the city’s busy streets, unpredictable weather, and heavy traffic. While some crashes clearly point to one responsible party, many involve shared fault—meaning both drivers may be partially to blame. This leads to a common question among drivers in Ontario:
Can you still file a car accident claim if you were partially at fault?
The short answer is yes—you can still make a claim even if you were partially at fault. However, there are important legal details to understand. Under Ontario’s insurance laws, being partially responsible for a collision does not prevent you from receiving compensation. That said, the amount you may recover will depend on how fault is assessed and the type of coverage you have. Consulting an experienced car accident claim lawyer in Toronto can help you better understand your rights and maximize your potential settlement.
How Fault is Determined in Ontario
In Ontario, fault is determined under the Insurance Act and the Fault Determination Rules, which are used by insurance companies to assign blame in a standardized way. These rules cover a wide variety of accident scenarios, such as rear-end collisions, left turns, intersection crashes, and more.
Importantly, fault is not determined by the police—it’s assigned by the insurance companies based on these rules, not based on traffic tickets or who apologized at the scene.
You may be found:
- 0% at fault (not responsible)
- 50% at fault (shared blame)
- 100% at fault (fully responsible)
Even if you’re 25%, 50%, or even 75% at fault, you may still be entitled to some forms of compensation.
No-Fault Insurance in Ontario: What It Means
Ontario uses a no-fault insurance system, which can be confusing to many drivers. Despite the name, “no-fault” doesn’t mean no one is at fault. Instead, it means your own insurance company pays for certain damages and benefits, regardless of who caused the accident.
This includes:
- Medical and rehabilitation expenses
- Income replacement benefits
- Attendant care
- Caregiver or housekeeping benefits
These are called accident benefits, and you’re entitled to them even if the accident was partly—or entirely—your fault.
Can You Sue the Other Driver if You’re Partially at Fault?
Yes, in certain situations. If you’ve suffered serious injuries due to another driver’s negligence, you may be able to file a tort claim (a personal injury lawsuit) against them—even if you were partially at fault.
However, there are key points to keep in mind:
- You must have suffered a “serious and permanent impairment” (as defined by law).
- Your compensation will be reduced based on your percentage of fault. For example, if a court awards you $100,000 but finds you 30% at fault, you’ll receive $70,000.
- Ontario has a deductible for pain and suffering damages unless your injuries surpass a certain threshold.
Property Damage: What If You Damaged Your Car?
When it comes to repairing your vehicle, your ability to recover costs depends on the type of coverage you have:
Direct Compensation – Property Damage (DCPD)
This mandatory coverage pays for damage to your vehicle when another driver is at fault. But if you are partially at fault, only a percentage of the repairs may be covered.
Collision Coverage
This optional coverage pays to repair your car regardless of who is at fault. If you don’t have collision coverage and are found partly or fully at fault, you may have to cover some or all repair costs yourself.
Steps to Take After a Partially At-Fault Accident in Toronto
1. Don’t Admit Fault at the Scene
Even a simple apology can be misinterpreted. Stick to the facts and focus on safety.
2. Call the Police if Required
In Ontario, you must report an accident if there are injuries, fatalities, or property damage over $2,000.
3. Document the Scene
Take photos, get contact info of witnesses, and make notes while the incident is fresh.
4. Report the Accident to Your Insurance Provider
Ontario law requires you to report a collision within seven days, or as soon as reasonably possible.
5. Speak to a Personal Injury Lawyer (if injured)
A legal expert can help assess your case, especially if you’re unsure about your level of fault or if you’re considering a lawsuit.
Read the Article: How Modern Technology Is Shaping Personal Injury Law
Final Thoughts
If you’ve been in a car accident in Toronto and believe you’re partially at fault, don’t assume that you’re out of options. Ontario’s no-fault insurance system is designed to provide coverage and support, even if you share responsibility. Additionally, you may still have grounds for a personal injury claim or vehicle repair coverage, depending on your insurance policy and the degree of fault.
Understanding your rights and speaking to an insurance representative—or better yet, a personal injury lawyer—can ensure you’re not left paying more than you should.
In short: Yes, you can file a claim even if you were partially at fault in Toronto. The key is to act quickly, know your coverage, and seek the right guidance to protect your financial and physical recovery.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
