Two vehicles driving down road in rain

One thing we deal with often as insurance brokers is trying to explain to clients when and how they are at fault in an accident. There are common myths floating around making people believe that they’re not going to be at fault in a given situation, and it’s time to clear the air.

Here are the top 5 situations we hear most often where you would likely be found at fault:

  1. “I didn’t get a ticket”
    A ticket does not determine fault. You can be deemed at fault in an accident where the police are never called, as it is not required for them to be present at every collision. While police are excellent at upholding the law and protecting us, they are not insurance brokers and you shouldn’t leave it up to them to decide the fate of your insurance.
  2. They backed up into me in the parking lot”
    Fault in parking lot accidents are more often than not split between all drivers if both vehicles are on and being operated. If you’re waiting to get into a spot that someone is backing out of and they hit you, both drivers will usually be deemed 50% at fault. If you’re parked and not moving, there’s usually nothing to worry about.
  3. “I swerved to avoid a deer in the road, and hit a pole”
    If, unfortunately, you do hit an animal, the damage to your vehicle is caused by the animal, hence you’re not at fault. When you swerve to avoid it, you are taking control of the situation and hitting the pole means the damage to your car is caused by you, meaning you are at fault.
  4. “I can’t be at fault if the weather made me crash”
    The weather cannot be at fault, plain and simple. In situations of inclement weather (i.e. rain, ice, wind, etc.) it is up to the driver to correct their driving and adapt to weather conditions to stay safe on the road.
  5. “I was rear-ended and forced into the car in front of me”
    If you’re stopped at a red light and hit by a driver behind you, they will be found at fault for hitting you. If the impact of that collision forces you into the car in front of you, you will be found at fault for that second collision. Always leave enough room between you and other vehicles!

With all this being said, determining fault is always situation based and decided on by your insurance company based on the chart of faults. If you’re curious about other situations where you might be deemed at fault, reach out to your local insurance broker for more information.