What Happens if You're Partly at Fault for a Car Accident?

May 01, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In Ontario, being partially at fault for a car accident doesn't necessarily mean you can't pursue a personal injury claim. The province follows a "contributory negligence" system, which means that fault can be shared between parties involved in an accident6.

Understanding Contributory Negligence

Under this system, each party involved in an accident can be assigned a percentage of fault. For example, one driver might be found 70% responsible, while the other is 30% at fault. This allocation of fault can significantly impact your claim and the compensation you may receive.

How Partial Fault Affects Your Claim

If you're found partially at fault, your compensation may be reduced by the percentage of fault assigned to you6. For instance, if your claim is valued at $100,000 and you're found to be 25% at fault, your potential compensation would be reduced to $75,000.

It's important to note that even if you're partially at fault, you may still be eligible for certain benefits:

1. Statutory Accident Benefits: Ontario's no-fault insurance system ensures that all injured parties can access these benefits, regardless of who caused the accident6.
2. Tort Claims: You may still be able to pursue a tort claim against the other driver, especially if your injuries meet the threshold for "serious and permanent" impairment.

Determining Fault

Insurance companies in Ontario use the Fault Determination Rules to assess responsibility in auto accidents. These rules consider various scenarios and assign fault percentages accordingly. However, these determinations can be challenged with the right evidence and legal representation.

Steps to Take if You're Partially at Fault

1. Seek Medical Attention: Your health should be your primary concern. Prompt medical care also creates a record of your injuries.
2. Document Everything: Take photos of the accident scene, gather witness information, and keep a record of how your injuries affect your daily life.
3. Be Cautious When Speaking to Insurance Companies: Avoid admitting fault or giving recorded statements without legal advice.
4. Consult a Personal Injury Lawyer: An experienced lawyer can help protect your rights and ensure you receive fair compensation, even if you're partially at fault.

At Deutschmann de Koning Law, we understand the complexities of partial fault cases. Our highly experienced team can help you navigate this challenging situation, ensuring your rights are protected and you receive the maximum compensation possible under the circumstances.

Remember, being partially at fault doesn't mean you're without options. With the right legal support, you can still pursue a claim and seek the compensation you need for your recovery.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.