Am I ever at fault if somebody hits me from behind?

I’ve been driving for more than 30 years. Until someone rear-ended me this week, I had never been in a collision. I had stopped for a car that was in the middle of pulling out of a street parking spot when an SUV hit me from behind. I’d made a gradual stop and I’d checked my mirror first. That driver who hit me said he wasn’t expecting a stopped vehicle and it was my fault for “coming to a complete stop” in traffic. Now I’m not sure what to do. I wasn’t hit hard, but the body shop estimated that it will be at least $500 in damage to the paint (it’s a brand-new car with paint protection film). It could be more if the sensors are damaged. The other driver gave me insurance information but no other way to contact him. If I make a claim, could I be considered at fault – and could my insurance rates go up? – Jay, Edmonton

Generally, if your car gets rear-ended, your insurance company should have your back, an insurance expert said.

“If two vehicles are travelling in same lane, in the same direction and one vehicle hits another from the rear, the rear vehicle is usually going to be considered at fault,” said Rob de Pruis, national director of consumer and industry relations with the Insurance Bureau of Canada. “That’s pretty consistent across Canada [among] the different traffic safety acts and regulations for general rules of the road.”

When you get into a crash, the insurance company determines who is at fault. Several provinces, including Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland have specific fault-determination rules that decide which driver is at fault in most circumstances, de Pruis said.

In Alberta, for instance, the rules say: If two cars are travelling in the same direction in the same lane and the front car gets hit by the car behind him, that rear car is 100 per cent at fault.

Generally, it doesn’t matter whether the front car slowed or stopped suddenly, de Pruis said.

“It doesn’t matter if it’s a [sudden or] gradual stop,” de Pruis said. “The person may be stopping for someone pulling out of a parking lane, or a child or animal is running across the road.”

Everyone should be driving to the road conditions – for instance, slowing down when roads are wet or icy – and giving cars in front of them plenty of space, he said.

If you’re following too closely to stop in time and you rear end someone, “you are the one who caused the accident,” de Pruis said.

Few exceptions

There are a few specific situations where you might not be found at fault if you rear-end a vehicle, de Pruis said.

“If the person slammed on their brakes as an intentional act where they wanted to claim damages or injuries … you might be [deemed] at fault initially [unless] you could prove that the other person caused it,” de Pruis said. “Think of a fraud situation where you’re travelling at highway speeds and someone swerves in front of you, slams on their brakes for no reason, and you hit them.”

Or, if the driver who rear-ended you could prove that their brakes failed, neither of you would be considered at fault.

So why does it matter who’s at fault?

Rules vary by province and can be complicated, but insurance policies typically cover the cost to repair or replace your vehicle if someone hits you and you’re not at fault.

So if you’re rear-ended and you make a claim, the damage will be covered, you won’t have to pay the deductible and your car insurance rates won’t be affected.

If you’re considered partly or totally at fault, you will likely have to pay the deductible – if your repairs are covered at all, de Pruis said.

Not only that, if you’re at fault in a crash and you don’t have crash forgiveness – a clause in the policy that ensures your rates won’t rise after your first at-fault accident – your insurance rates will go up.

But there are exceptions here, too.

Some provinces, including Alberta, let you pay less for insurance if you agree to pay for the deductible – for car insurance, that’s typically between $500 and $1,000 – for any future at-fault accidents.

Plus, some provinces, including Alberta and Ontario, allow you to pay less for insurance if you opt out of coverage for damage to your vehicle when you’re not at fault.

But be warned. Saving a few bucks a month on your insurance premiums could come at a very steep price.

“If you opt out and you’re involved in a not-at-fault collision, essentially you cannot claim for your vehicle damages or for your rental,” de Pruis said. “So even though you’re not at fault, you could be responsible for that full amount.”

Have a driving question? Send it to globedrive@globeandmail.com and put ‘Driving Concerns’ in your subject line. Emails without the correct subject line may not be answered. Canada’s a big place, so let us know where you are so we can find the answer for your city and province.