Disputing Fault in Ontario Car Accidents – A Self-Help Guide
By SelfRepSupport Team — support@self-represented-help.ca
Ontario | Car crash fault fights, insurance disputes, first court dates
Your goal: Make the insurance company follow Ontario’s official
Fault Determination Rules (Ontario Regulation 668). Not “their opinion,”
not “the other driver’s story.” The law. If they blamed you unfairly,
you’re allowed to challenge it.
When you should dispute
Fight the fault decision if any of these sound like you:
They pinned you 50%+ at fault and you know that’s not accurate.
You got rear-ended.
You had right-of-way and they turned across you.
They lane-changed into you and then blamed you for “not avoiding it.”
The other car hit you while you were stopped, and somehow you’re “50/50.”
Once the insurer decides the crash is “your fault,” that sits on your record.
Your premiums go up for years. So don’t just accept it if it’s wrong.
Your job in plain English
You’re not writing a novel. You’re doing 3 things:
Ask them to explain exactly which section of O. Reg. 668 they used to blame you.
Show them why that section doesn’t apply to your situation.
Tell them what should apply instead.
Example:
“You said I’m 50% at fault for a rear-end. I was fully stopped at a red
light. The other car hit me from behind. Under the Fault Determination Rules,
rear-end collisions are generally assigned to the driver who strikes
from behind. Please correct my fault rating.”
Step 1. Get the paperwork
Ask (in writing) for all of this:
The adjuster’s fault assessment.
The diagram or description they’re using.
The specific paragraph of Ontario Regulation 668 they’re relying on.
Any witness or police notes they claim to have.
Keep everything in writing. Email is fine. You want a trail you can forward later.
Say this in your email:
“Please provide the section(s) of Ontario Regulation 668 (Fault Determination
Rules) that you relied on to find me at fault, and a copy of the collision
diagram / notes you’re using. I am formally disputing your assessment.”
Step 2. Compare their version to what really happened
Now you’re looking for mismatch. Insurance companies are fast,
and “fast” = “lazy copy/paste sometimes.”
Ask yourself:
Did they flip who was going straight and who was turning?
Did they say “lane merge” when it was actually “they swerved into me”?
Did they assume you were moving when you were actually stopped?
Did they “split blame 50/50” just because there were two cars?
If their write-up is wrong, don’t panic. That’s common. You just calmly
correct it and tie it back to the real rule that applies.
Step 3. Write back and point to the right rule
Your dispute email should be short and clinical. You’re not begging.
You’re showing them: “You applied the wrong rule.”
Use this structure:
1. State their decision: “You assigned me 50% fault.”
2. State the real situation: “I was stopped at a red light.”
3. Cite the rule that protects you: “Rear driver is at fault.”
4. Ask for correction: “Please correct my record to 0% at fault.”
Important: Don’t apologize. Don’t self-blame. Don’t say
“I’m not an expert but…” You’re just calmly pointing at the law
they are supposed to follow anyway.
Step 4. Ask for confirmation in writing
Ask them to confirm (in writing) that they’ve updated your fault %
in their system. You want that because if you switch insurance later,
the new company will ask “Any at-fault accidents?” and this is how
you prove “Nope.”
If they refuse to fix it or they go quiet, don’t freak out. You now have
a written dispute trail. That’s evidence. That can go to escalation.
Will this hurt my claim?
No. You’re literally using their own rules. Insurers expect people
to dispute fault. They may not love it, but it’s normal.
This is not “suing them.” This is “please apply Ontario Regulation 668 correctly.”
That’s boring compliance stuff, not drama.
When you should get help right now
The other driver is already threatening to sue you.
Your insurer is saying you’re 100% at fault and you know that’s a lie.
You’re worried premiums are about to explode and you can’t afford that.
You’re getting calls from an investigator, not just an adjuster.
You're allowed to get help BEFORE you say something that can be twisted.
Insurance adjusters do this every day. You don't. So protect yourself.
Need help fixing a bad fault decision? Click below. We’ll review your insurer’s letter and tell you what to say back.