A-25, r. 4 - Direct Compensation Agreement for the Settlement of Automobile Claims

Section 4 Disposition versions

2012-09-01

4. The insured is indemnified by his own insurer to the extent of the liability of the operator of the other vehicle subject to the following:

(a)  the liability of the operators is determined in accordance with the Driver’s Fault Chart appended hereto;

(b)  where the following operators are driving customers’ automobiles in their care, custody or control:

i.  any garage operator or his employees;

ii.  any parking lot operator or his employees;

iii.  any motor vehicle dealer referred to in the Highway Safety Code (chapter C-24.2) or his employees;

iv.  any towing business operator.

The insured shall be fully indemnified by his automobile liability insurer if at the time of the accident he had no control over the automobile, and the accident did not result from the condition of the automobile or from the way it was secured. This rule also applies whenever the insured’s vehicle is being towed by a third party.

Decision 2007-03-27, s. 4.