Fault Determination

An insurer must abide by the Fault Determination Regulation

An insured contacted the Office of the Consumer Advocate for Insurance to dispute her insurer’s determination that she was entirely at fault for an accident.

We collected the necessary information regarding the circumstances of the collision and assessed whether the decision aligned with the governing regulation.

Our review showed that the insurer had applied an incorrect section of the regulation. We subsequently advocated on the consumer’s behalf, outlining our concerns.

Upon reconsideration, the insurer concurred with our interpretation and withdrew its assignment of liability to the insured.