Fender-benders: Who’s at fault?

You don’t always have to call the police

Say you back into another car in a shopping centre parking lot. Obviously, the first thing to do is make sure no one is hurt. Next, both vehicles need to be moved to a safe location.

Contrary to what many people think, there’s no need to get the police involved if no injuries have been caused. They aren’t in a position to evaluate which driver was at fault.

That job belongs to the insurers, who establish the drivers’ respective liability using criteria set out by Groupement des assureurs automobiles in the Direct Compensation Agreement.

What to do in case of a fender-bender

The best course of action is to fill out a joint report (a constat à l’amiable in French) with the other driver(s) involved. If you don’t have a copy with you, simply take note of each driver’s contact information and driver’s licence number, along with the licence plate and insurance certificate numbers for each vehicle involved.

It’s also a good idea to write down the date and time of the incident and make a sketch showing the positions of the vehicles at the moment of impact. Drivers with smartphones should take photos of the vehicles in their positions at impact. They are useful in assessing driver responsibility. 

Contact your insurer right away to get their advice and learn more about the procedure for making a claim. Your insurer can also remind you of the deductible you’ll have to pay if you’re at fault. 

What to do in a hit-and-run 

What if the other driver involved in the fender-bender drives off without talking to you? Or if your car is damaged in a parking lot while you’re at the grocery store and the person at fault has left? The course of action for hit-and-runs is slightly different.

If possible, write down the other vehicle’s licence plate number and contact the police to file a report. Most importantly, notify your insurer as soon as possible. An agent will guide you through the process. 

To be eligible for a benefit, your auto insurance must include Protection 2 in Section B, “Collision and upset coverage.” If you don’t have such coverage, the SAAQ may compensate you for the damage to your vehicle under certain conditions. With the No-Stress Policy^®, you’re covered and there’s no deductible.  

What if you hit another car or object? You must fulfil certain obligations to avoid being accused of a hit-and-run. You must stay at the scene and provide your contact information to the other driver. If they’re not around and you can’t wait, leaving a note on the windshield isn’t a good idea. Instead, you should contact the police to report the incident and provide the necessary information. The same applies if you hit an animal. All collisions with animals over 25kg must be reported to the police.

Myths about fender-benders: True or false?

There are still plenty of myths about driver responsibility in fender-benders. Read on to separate fact from fiction.

• As long as you obeyed the Highway Safety Code to the letter, you won’t be at fault.

  False. You may have had your turn signal on, but who’s to say whether you checked your blind spots properly? Insurers don’t base their adjustments on the Highway Safety Code. The Direct Compensation Agreement is their benchmark.

• Just because you performed an illegal manoeuvre doesn’t mean you’re at fault.

  True. Even if you ought to have been issued a ticket, your insurer won’t take it for granted that you were at fault. Likewise, failure to obey the Highway Safety Code won’t nullify your right to compensation, if you’re covered.

• Filling out a joint report is an admission of guilt.

  False. Its main role is to compile the information needed to initiate the claims process. The joint report is one of several tools used to determine whether you are at fault, along with your verbal statement and those of the other driver(s) and any witnesses, photos taken at the scene, the police report (if any), and more. 

If you have a collision in Quebec involving another car and you are not found at fault, you will not have to pay any deductible, and the insurer will cover all costs for repairs to your vehicle. However, if you are responsible for an accident, you must have Chapter B coverage in your insurance policy to be compasated. In this case, you will also be responsible for the deductible. 

If you’re in a fender-bender, make life easier by contacting your insurer right away.