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A-25, r. 4 - Direct Compensation Agreement for the Settlement of Automobile Claims
Schedule
Disposition versions
APPENDIX
DRIVER’S FAULT CHART
Chart
(1) Liability shall be apportioned as shown in the Driver’s Fault Chart. Any admission of liability or prior agreement in this respect shall be null and void.
Collisions subject to the Agreement but not provided for in the Chart shall be settled in accordance with ordinary rules of law.
Note
(2) Except as otherwise provided in the Chart, liability shall be apportioned regardless of the point of contact of the vehicles and of the following circumstances:
— actions of pedestrian;
— speed;
— weather conditions;
— visibility;
— road conditions;
— light, sound or hand signals;
— marked or unmarked road lines.
Definitions
(3) As used in this Agreement:
“Centerline” means
— a single or double, full or broken line in the middle of the roadway; or
— the middle of the roadway or of that portion of the roadway that is left unobstructed by parked vehicles, a snow bank, or other object blocking traffic on an extended portion of the roadway, insofar as two-way traffic in that portion of the roadway is still possible without any difficulty.
“Chain reaction”
means a series of successive contacts (including any type of impact) between 3 or more vehicles travelling in the same direction one behind the other in the same lane.
“Intersection”
means a place where several public roads, alleys, streets, avenues, boulevards lanes between buildings intersect, including lanes in parking lots. The dotted lines in the diagram indicate the limits of such intersection.
“Lane change”
means any move whereby a vehicle leaves its own lane to enter another lane.
“Limited access highway”
means a public highway that may be entered or left only at the specially provided entrances or exits (sections 288 and 319, Highway Safety Code, chapter C-24.2).
“Line of vehicles”
means 2 or more vehicles, one behind the other. Vehicles partly behind one another shall be deemed to be in the same line of vehicles.
“Pile-up”
means a series of contacts (including any type of impact) between several vehicles travelling in different lanes or lines.
“Roadway”
means that part of a public highway ordinarily used for vehicular traffic (chapter C-24.2, s. 4).
Driver’s Fault Chart
Driver’s Fault Chart
Cases 1 to 3 Vehicles travelling in the same direction on the same roadway
Cases 4 to 6 Vehicles travelling in the same direction in 2 different lanes of traffic
Case 7 Vehicles travelling in opposite directions
Case 8 Vehicles entering from side roadways or crossroads
Cases 9 to 15 Other cases
Driver’s Fault Chart
Cases 1 to 3 Vehicles travelling in the same direction on the same roadway
In this case, the liability of “Y”, which strikes preceding “X” from the rear, is total, because of lack of proper control of vehicle.
When vehicle “X” is backing, this shall be used against “X” under CASE 11.
This case applies when “X” swerves to the right or to the left to enter a side roadway or driveway and is struck from the rear by “Y”.
Driver’s Fault Chart
Cases 1 to 3
Parking situations
This case applies when “X”, in forward motion, enters a parking space on either the right or left side of the roadway, or a parking lot on either side.
In this case, the action of “Y” leaving the parking space is the determinant cause of the accident.
Driver’s Fault Chart
Cases 4 to 6 Vehicles travelling in the same direction in 2 different lanes of traffic
“X” and “Y” travelling in different lanes sideswipe without changing lanes.
This case applies particularly in cases of passing without changing lanes or in cases where roadway narrows, unless one of the drivers has violated a no passing sign or solid line, in which case, CASE 9 applies against such driver.
This case applies when “Y” changes lanes for whatever reason.
EXCEPTION
On a public highway where the maximum speed allowed is less than 70 km/h, the driver of a road vehicle must yield the right of way to a bus when the driver of the bus is flashing his turn-signal lights for re-entering the lane in which he was moving before he stopped, (section 407 of the Highway Safety Code, c. C-24.2)
Driver’s Fault Chart
Cases 4 to 6
Passing a vehicle
Liability is determined in accordance with the diagrams.
Diagram 1
“X” making a proper left turn into an entranceway while “Y” is attempting to pass despite a solid single or double line.
Diagram 2
“X” turning left into an entranceway, over a solid single or double line or a double line consisting of a broken line and a solid line, the latter being adjacent to the lane in which “X” is moving (section 326.1 of the Highway Safety Code, c. C-24.2), while “Y” is attempting to pass.
Diagram 3
“X” travelling on a roadway having no determined centerline or having a broken line, and turning left into an entranceway while “Y” is attempting to pass.
“Y”going over the centerline in an intersection, while “X” is turning left, is fully responsible.
Driver’s Fault Chart
Case 7 Vehicles travelling in opposite directions
Encroachment on the centerline of the roadway
This case applies when “X” is travelling in its own lane and “Y” encroaches on the centerline of the roadway, whether to turn left or not.
This case must apply wherever the position on the roadway in respect to the centerline is undetermined or if it cannot be established that a specific vehicle was travelling to its left of the centerline. The mere fact of skidding, when other precise information is lacking, is not sufficient to establish that a vehicle was encroaching on the centerline.
This case applies when “Y” leaves a roadway (a parking lot, an alley or a place not open to public traffic) and “X”, travelling in the opposite direction, encroaches on or crosses a solid line. Settlement is based on an equal division of liability in view of equal fault of both.
Driver’s Fault Chart
Case 8 Vehicles entering from side roadways of crossroads
Intersections
At an intersection where there are no traffic signs, “X” has the right of way in own lane (if remaining within its own lane), and “Y” is therefore fully responsible.
The driver entering a roadway or leaving a limited access highway must yield to other vehicles.
In case of an accident occurring at an intersection equipped with a stop sign on each corner, defective or inoperative traffic lights, the driver of the vehicle first in the intersection has the right of way unless it is proven:
a) that “X” failed to stop (“X” to be held fully liable); or
b) that both “X” and “Y” failed to stop (both to be held equally liable);
(sections 367 and 368 of the Highway Safety Code, c. C-24.2).
This case applies when “Y” leaves a roadway with no traffic signs or lights (a parking lot, an alley or a place not open to public traffic) and “X” is travelling in its own lane. “Y” is fully responsible.
Driver’s Fault Chart
Cases 9 to 15 Other cases
“Y” neglects or leaves:
a) a police officer’s signal 0% 100%
b) a stop sign, a yield sign, a flashing red light or other similar
sign, particularly flares and other signals on the ground 0% 100%
c) a traffic light (where there is lack of proof, liability is equally
divided) 0% 100%
d) a do not enter sigh (one way) 0% 100%
e) a no passing sign 0% 100%
f) a no turn sign, either left or right 0% 100%
g) a turn-signal light of a bus in accordance with section 407 of
the Highway Safety Code (c.C-24.2) 0% 100%
h) a reserved lane sign indicating that the lane is reserved for use by
specific classes of vehicles and prohibiting other vehicles from
using it, where applicable, in accordance with sections 17 and
36 of the Regulation respecting road sign (c. C-24.2, r. 41) 0% 100%
i) a sign or control signals displaying a downward green arrow
to indicate lanes open to traffic and an X to indicate lanes
where traffic is prohibited, in accordance with section 365
of the Highway Safety Code (c. C-24.2) 0% 100%
This case applies when “Y” is turning left on a non-flashing green arrow while “X” is proceeding on green light (section 364 of the Highway Safety Code, c. C-24.2).
Driver’s Fault Chart
Cases 9 to 15
This case applies when “Y” is turning right on red light in a municipality or administrative area designated by an ordering-council published in the Gazette officielle du Québec while “X” is proceeding on green light (section 359.1 of the Highway Safety Code, c. C-24.2).
This case applies when “Y” is backing up or making a U turn. When 2 or more vehicles are backing up, liability shall be apportioned equally among all motorists.
This applies when the door of “Y” is in motion or when the action has just been completed, unless it is proven that the door of “Y” was left open to let a person enter into or alight from the vehicle or to place or remove an item after having ascertained that this could be done safely (sections 430 and 431 of the Highway Safety Code, c. C-24.2).
Driver’s Fault Chart
Cases 9 to 15
In chain reaction accidents, the owner of the leading vehicle not having had prior contact with another vehicle or object, is completely indemnified for the physical damage sustained by his vehicle.
Owners of all other vehicles following are indemnified for 50% of the front and 100% of the rear end damage, except however the last vehicle for which no indemnity is payable.
Note: A series of successive contacts between parked or stopped vehicles occurring when a moving vehicle strikes the last vehicle in the line, causing the vehicles to smash into each other, is not considered a chain reaction.
In all pile-ups where liability is undetermined, the owner of each vehicle is indemnified for 50% of his damage.
Driver’s Fault Chart
Cases 9 to 15
Liability for each driver involved in a collision on a main or side alley shall be determined as follows:
1) Vehicle “Y” leaving a side alley must yield to vehicle “X” travelling on a main alley.
Portion of liability
2) Vehicle “Y” leaving a parking space must yield to vehicle “X” travelling on a side or main alley.
Portion of liability
NOTES
Cases 1 to 3 Vehicles travelling in the same direction on the same roadway
Cases 4 to 6 Vehicles travelling in the same direction in 2 different lanes of traffic
Case 7 Vehicles travelling in opposite directions
Case 8 Vehicles entering from side roadways or crossroads
Cases 9 to 15 Other cases
Driver’s Fault Chart
Cases 1 to 3 Vehicles travelling in the same direction on the same roadway
In this case, the liability of “Y”, which strikes preceding “X” from the rear, is total, because of lack of proper control of vehicle.
When vehicle “X” is backing, this shall be used against “X” under CASE 11.
This case applies when “X” swerves to the right or to the left to enter a side roadway or driveway and is struck from the rear by “Y”.
Driver’s Fault Chart
Cases 1 to 3
Parking situations
This case applies when “X”, in forward motion, enters a parking space on either the right or left side of the roadway, or a parking lot on either side.
In this case, the action of “Y” leaving the parking space is the determinant cause of the accident.
Driver’s Fault Chart
Cases 4 to 6 Vehicles travelling in the same direction in 2 different lanes of traffic
“X” and “Y” travelling in different lanes sideswipe without changing lanes.
This case applies particularly in cases of passing without changing lanes or in cases where roadway narrows, unless one of the drivers has violated a no passing sign or solid line, in which case, CASE 9 applies against such driver.
This case applies when “Y” changes lanes for whatever reason.
EXCEPTION
On a public highway where the maximum speed allowed is less than 70 km/h, the driver of a road vehicle must yield the right of way to a bus when the driver of the bus is flashing his turn-signal lights for re-entering the lane in which he was moving before he stopped, (section 407 of the Highway Safety Code, c. C-24.2)
Driver’s Fault Chart
Cases 4 to 6
Passing a vehicle
Liability is determined in accordance with the diagrams.
Diagram 1
“X” making a proper left turn into an entranceway while “Y” is attempting to pass despite a solid single or double line.
Diagram 2
“X” turning left into an entranceway, over a solid single or double line or a double line consisting of a broken line and a solid line, the latter being adjacent to the lane in which “X” is moving (section 326.1 of the Highway Safety Code, c. C-24.2), while “Y” is attempting to pass.
Diagram 3
“X” travelling on a roadway having no determined centerline or having a broken line, and turning left into an entranceway while “Y” is attempting to pass.
“Y”going over the centerline in an intersection, while “X” is turning left, is fully responsible.
Driver’s Fault Chart
Case 7 Vehicles travelling in opposite directions
Encroachment on the centerline of the roadway
This case applies when “X” is travelling in its own lane and “Y” encroaches on the centerline of the roadway, whether to turn left or not.
This case must apply wherever the position on the roadway in respect to the centerline is undetermined or if it cannot be established that a specific vehicle was travelling to its left of the centerline. The mere fact of skidding, when other precise information is lacking, is not sufficient to establish that a vehicle was encroaching on the centerline.
This case applies when “Y” leaves a roadway (a parking lot, an alley or a place not open to public traffic) and “X”, travelling in the opposite direction, encroaches on or crosses a solid line. Settlement is based on an equal division of liability in view of equal fault of both.
Driver’s Fault Chart
Case 8 Vehicles entering from side roadways of crossroads
Intersections
At an intersection where there are no traffic signs, “X” has the right of way in own lane (if remaining within its own lane), and “Y” is therefore fully responsible.
The driver entering a roadway or leaving a limited access highway must yield to other vehicles.
In case of an accident occurring at an intersection equipped with a stop sign on each corner, defective or inoperative traffic lights, the driver of the vehicle first in the intersection has the right of way unless it is proven:
a) that “X” failed to stop (“X” to be held fully liable); or
b) that both “X” and “Y” failed to stop (both to be held equally liable);
(sections 367 and 368 of the Highway Safety Code, c. C-24.2).
This case applies when “Y” leaves a roadway with no traffic signs or lights (a parking lot, an alley or a place not open to public traffic) and “X” is travelling in its own lane. “Y” is fully responsible.
Driver’s Fault Chart
Cases 9 to 15 Other cases
“Y” neglects or leaves:
a) a police officer’s signal 0% 100%
b) a stop sign, a yield sign, a flashing red light or other similar
sign, particularly flares and other signals on the ground 0% 100%
c) a traffic light (where there is lack of proof, liability is equally
divided) 0% 100%
d) a do not enter sigh (one way) 0% 100%
e) a no passing sign 0% 100%
f) a no turn sign, either left or right 0% 100%
g) a turn-signal light of a bus in accordance with section 407 of
the Highway Safety Code (c.C-24.2) 0% 100%
h) a reserved lane sign indicating that the lane is reserved for use by
specific classes of vehicles and prohibiting other vehicles from
using it, where applicable, in accordance with sections 17 and
36 of the Regulation respecting road sign (c. C-24.2, r. 41) 0% 100%
i) a sign or control signals displaying a downward green arrow
to indicate lanes open to traffic and an X to indicate lanes
where traffic is prohibited, in accordance with section 365
of the Highway Safety Code (c. C-24.2) 0% 100%
This case applies when “Y” is turning left on a non-flashing green arrow while “X” is proceeding on green light (section 364 of the Highway Safety Code, c. C-24.2).
Driver’s Fault Chart
Cases 9 to 15
This case applies when “Y” is turning right on red light in a municipality or administrative area designated by an ordering-council published in the Gazette officielle du Québec while “X” is proceeding on green light (section 359.1 of the Highway Safety Code, c. C-24.2).
This case applies when “Y” is backing up or making a U turn. When 2 or more vehicles are backing up, liability shall be apportioned equally among all motorists.
This applies when the door of “Y” is in motion or when the action has just been completed, unless it is proven that the door of “Y” was left open to let a person enter into or alight from the vehicle or to place or remove an item after having ascertained that this could be done safely (sections 430 and 431 of the Highway Safety Code, c. C-24.2).
Driver’s Fault Chart
Cases 9 to 15
In chain reaction accidents, the owner of the leading vehicle not having had prior contact with another vehicle or object, is completely indemnified for the physical damage sustained by his vehicle.
Owners of all other vehicles following are indemnified for 50% of the front and 100% of the rear end damage, except however the last vehicle for which no indemnity is payable.
Note: A series of successive contacts between parked or stopped vehicles occurring when a moving vehicle strikes the last vehicle in the line, causing the vehicles to smash into each other, is not considered a chain reaction.
In all pile-ups where liability is undetermined, the owner of each vehicle is indemnified for 50% of his damage.
Driver’s Fault Chart
Cases 9 to 15
Liability for each driver involved in a collision on a main or side alley shall be determined as follows:
1) Vehicle “Y” leaving a side alley must yield to vehicle “X” travelling on a main alley.
Portion of liability
2) Vehicle “Y” leaving a parking space must yield to vehicle “X” travelling on a side or main alley.
Portion of liability
NOTES
