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Direct Compensation for Property Damage (DCPD) - Accident Examples

See the main DCPD page for more information.

Index

DCPD - Accident Examples Overview

Insurers carefully review the details of every accident to determine who is responsible, and to what degree. This is also known as fault or liability. The responsibility assessment may affect your future insurance premiums.

You may find it helpful to review these accident examples. They are based on the Direct Compensation for Property Damage Regulation, which your insurer's claim representative uses to assess responsibility.

Remember, every accident is unique, legislation can change over time and case law evolves. Please contact your insurer's claim representative if you have questions about the assessment of your responsibility.

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Automobiles travelling in same direction and same lane

These accidents occur when automobile A is struck from the rear by automobile B while both automobiles are travelling in the same direction and in the same lane. There are three scenarios to consider:

  1. If automobile A is stopped or is in forward motion, the driver of automobile A is not at fault for the accident and the driver of automobile B is 100% at fault for the accident.

    Accident with 3 cars - scenario 1
  2. If automobile A is turning, to the right or to the left in order to enter a side road or private road or driveway, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident with 3 cars - scenario 2

  3. If automobile A is entering a parking place on the right or the left side of a highway in forward motion, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident with 3 cars - scenario 3

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Automobiles travelling in the same direction and adjacent lanes

These accidents occur when automobile A and automobile B collide while both automobiles are travelling on a highway in the same direction and in adjacent lanes and neither automobile is overtaking or passing the other. There are three scenarios to consider:

  1. If neither automobile A nor automobile B are changing lanes when the accident occurs and both automobiles are on or over the centre line when the accident occurs, the driver of each automobile is 50% at fault for the accident.

    Accident example - same direction, adjacent lanes - Scenario 1

  2. If the location of where the accident occurred cannot be determined, the driver of each automobile is 50% at fault for the accident.

    Accident example - undetermined - 50% each at fault

  3. If automobile B is changing lanes when the accident occurs, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - same direction, adjacent lanes - Scenario 3

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Automobiles travelling in the same direction and adjacent lanes - overtaking or passing

An accident occurs when automobile A and automobile B collide while travelling on a highway in adjacent lanes and automobile is overtaking or passing automobile B. There are three scenarios where this can occur:

  1. If automobile A is turning left at an intersection and automobile B is overtaking or passing automobile A, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - Same direction and adjacent lanes - overtaking or passing - Scenario 1

  2. If automobile A is turning left to enter a parking place or private road or a driveway and automobile B is overtaking or passing automobile A, the driver of automobile A is 75% at fault for the accident, and the driver of automobile B is 25% at fault for the accident.

    Accident example - Same direction and adjacent lanes - overtaking or passing - Scenario 2

  3. If automobile A is turning left to enter a parking place or private road or a driveway and automobile B is overtaking or passing one or more automobiles stopped behind automobile A, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - Same direction and adjacent lanes - overtaking or passing - Scenario 3

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Automobiles travelling in opposite directions

An accident occurs where automobile A and automobile B collide while travelling in opposite directions and in adjacent lanes. There are five scenarios to consider:

  1. If neither automobile A nor automobile B are changing lanes when the accident occurs and both automobiles are on or over the centre line when the accident occurs, the driver of each automobile is 50% at fault for the accident.

    Accident example - Opposite directions - Scenario 1

  2. If the location of where the accident occurred cannot be determined, the driver of each automobile is 50% at fault for the accident.

    Accident example - undetermined - 50% each at fault

  3. If only automobile B is over the centre line when the accident occurs, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - Opposite directions - Scenario 3

  4. If automobile B turns left into the path of automobile A, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - Opposite directions - Scenario 4

  5. If automobile B is entering the highway from a parking place or private road or driveway and automobile A is overtaking or passing another automobile, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - Opposite directions - Scenario 5

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Automobile entering highway from parking place or private road or driveway

An accident occurs where automobile A and automobile B collide while automobile A is travelling on a highway and automobile B is entering the highway from a parking place or private road or driveway. There are two scenarios to consider:

  1. If automobile B is entering the highway from a parking place and automobile A is travelling past the parking place on the highway the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - entering highway from parking place or private road or driveway - Scenario 1

  2. If automobile B is entering the highway from a private road or a driveway, automobile A is travelling past the private road or driveway on the highway and there are no traffic signs at the intersection of the highway and the private road or driveway the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

    Accident example - entering highway from parking place or private road or driveway - Scenario 2

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Automobile entering controlled highway

If automobile A and automobile B collide while automobile A is travelling on a controlled highway and automobile B is entering the controlled highway from an entrance lane.

In this scenario, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

Accident example - Entering controlled highway

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Chain reaction accidents

These accidents happen when one or more vehicles are stopped or slowing down and one of the vehicles is struck from behind and then strikes the vehicle in front as a result.

The degree of fault for each accident between 2 automobiles involved in a chain reaction accident must be determined without reference to any other accidents in the chain reaction accident involving either of the automobiles.

There are two scenarios to consider:

  1. If all automobiles involved in a chain reaction accident are travelling on a highway and in forward motion when the accident occurs,

    (a) with respect to the accident between automobiles A and B, where automobile A is the 1st vehicle and automobile B is the 2nd vehicle, neither driver is at fault, and

    (b) with respect to the accident between automobiles B and C, where automobile B is the 2nd vehicle and automobile C is the 3rd vehicle, the driver of automobile C is 100% at fault.

  2. If all automobiles involved in a chain reaction accident, except automobile C, are stopped when the accident occurs,

    (a) with respect to the accident between automobiles A and B, where automobile A is the 1st vehicle and automobile B is the 2nd vehicle, neither driver is at fault, and

    (b) with respect to the accident between automobiles B and C, where automobile B is the 2nd vehicle and automobile C is the 3rd vehicle, the driver of automobile B is not at fault and the driver of automobile C is 100% at fault.

In this diagram, Vehicles A and B are stopped or slowing down when vehicle B is rear ended by vehicle C. Vehicle B is then pushed forward and rear ends vehicle A. Drivers must be far enough behind another vehicle to be able to stop safely, even in an emergency. Therefore, the driver of vehicle C would be found 100% at fault.

Accident example - Chain reaction

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Pile-ups

If there are multiple vehicles involved in a pile-up, for each accident between two automobiles involved in a pile-up, the driver of each automobile is 50% at fault.

Accident example - Pile-up

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Intersections without traffic signs or traffic control signs

An accident at an uncontrolled intersection (one without traffic signs or traffic control signs) occurs when a vehicle is driving through the intersection and collides with an approaching vehicle who has failed to yield. There are three scenarios to consider:

  1. Accident example - Intersections without traffic signs or traffic control signsIf automobile A enters the uncontrolled intersection before automobile B
    the driver of automobile A is not at fault for the accident, and the driver
    of automobile B is 100% at fault for the accident.

  2. If both automobile A and automobile B enter the intersection at the
    same time, and automobile A is on the right of automobile B in the
    intersection, the driver of automobile A is not at fault for the accident,
    and the driver of automobile B is 100% at fault for the accident.
  3. If it cannot be determined whether automobile A or automobile B entered the intersection first, the driver or each automobile is 50% at fault for the accident.

    Accident example - undetermined - 50% each at fault

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Intersections with traffic signs

An accident at a controlled intersection (one with traffic signs or traffic control signs) in which automobile A and automobile B collide. There are six scenarios to consider:

  1. Yield signIf the driver of automobile B fails to obey a traffic sign, the driver of
    automobile A is not at fault for the accident, and the driver of
    automobile B is 100% at fault for the accident.

  2. If the driver of automobile A and automobile B both fail to obey a
    stop sign, the driver of each automobile is 50% at fault for the accident.

  3. If it cannot be determined whether the driver of automobile A or automobile B, or both, failed to obey a stop sign when the accident occurred, the driver of each automobile is 50% at fault for the accident.

    Accident example - undetermined - 50% each at fault

  4. 4-way Stop signIf automobile A stops first at an all-way stop intersection, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

  5. If both automobile A and automobile B arrive at an intersection with an all-way stop sign at the same time, and automobile A is stopped to the right of automobile B at the intersection, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

  6. Where it cannot be determined whether automobile A or automobile B arrived at an intersection with an all-way stop sign first, the driver of each automobile is 50% at fault for the accident.


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Intersections with traffic control signals

An accident where automobile A and automobile B collide in an intersection with traffic control signals. There are three scenarios to consider:

  1. Traffic lightsIf the driver of automobile B fails to obey a traffic control signal,
    the driver of automobile A is not at fault for the accident, and the
    driver of automobile B is 100% at fault for the accident.


  2. If it cannot be determined whether the driver of automobile A or the
    driver of automobile B failed to obey a traffic control signal when the accident occurred, the driver of each automobile is 50% at fault for the accident.


  3. If the traffic control signals at an intersection are inoperative or malfunctioning,
    the degree to which each driver is at fault for the accident must be determined
    as if the intersection was an intersection with an all-way stop sign.

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Parking lots

Fault for an accident occurring on a thoroughfare, like a parking lot must be determined as if the thoroughfare were a highway. There are three scenarios to consider:

  1. If the accident occurs when automobile A is travelling on a thoroughfare and automobile B enters the thoroughfare from a feeder lane and fails to yield the right of way to automobile A, the driver of automobile A is not at fault for the accident; and the driver of automobile B is 100% at fault for the accident.

  2. If the accident occurs when automobile A is travelling on a thoroughfare or feeder lane and automobile B is entering the thoroughfare or feeder lane form a parking space and fails to yield the right of way to automobile A, the driver of automobile A is not at fault for the accident; and the driver of automobile B is 100% at fault for the accident.

  3. If the accident occurs in an intersection in a parking lot with a traffic sign, the degree to which each driver is at fault must be determined in accordance with the section on intersections with traffic control signals, and without a traffic sign, the degree to which each driver is at fault must be determined in accordance with the section on intersections with traffic signs if it cannot be determined whether the roads are thoroughfares or feeder lanes.

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Parked automobiles

  1. If automobile B collides with automobile A while automobile A is parked, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

  2. If automobile A is illegally parked, stopped or standing when the accident occurs and the accident occurs outside of an urban area, the driver of automobile A is 100% at fault for the accident, and the driver of automobile B is not at fault for the accident.

Note: If the striking/moving automobile is uninsured or unknown (hit and run), DCPD does not apply and the parked vehicle can claim through their own all perils or comprehensive coverage if they have purchased the coverage.

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Driver fails to obey sign or direction

If automobile A and automobile B collide when the driver of automobile B fails to obey a direction  given by a peace officer or a sign prohibiting entry, overtaking, passing or turning, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

No entry

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Backing up or making u turns

If automobile A and automobile B collide while automobile B is backing up or making a U-turn, the driver of automobile A is not at fault for the accident, and the driver of automobile B is 100% at fault for the accident.

No U-turn

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Open doors

There are two scenarios to consider:

  1. Car doors openIf automobile A collides with automobile B when the driver of or passenger in
    automobile B opens the automobile door or when the driver of or passenger in
    automobile B leaves the automobile door open, the driver of automobile A
    is not at fault for the accident, and the driver of automobile B is 100% at fault
    for the accident.

  2. If automobile A collides with automobile B when the driver of or passenger in
    automobile B opens the automobile door or leaves the automobile door open
    in a manner which is reasonably safe and does not constitute a hazard to
    moving traffic, the driver of automobile A is 100% at fault for the accident,
    and the driver of automobile B is not at fault for the accident.

 

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