Car accident: I dispute the share of fault my insurer assigned to me

Who compensates you

The Direct Compensation Agreement was established by the Groupement des assureurs automobiles under section 173 of the Automobile Insurance Act. Under it, the insurer compensates its own insured to the extent of the drivers' respective fault.

That is what surprises people most: for damage to your vehicle, you do not deal with the other driver's insurer, but with your own — which is also the one deciding your share of fault.

When the Agreement applies — and when it does not

The Agreement covers collisions in Québec between at least two vehicles, or between a vehicle and another vehicle's load, whose owners are identified. It excludes collisions between vehicles belonging to the same owner.

In other words, an accident outside Québec, or a collision with a vehicle whose owner was not identified, is not settled under this regime. The rules and remedies are different — all the more reason to check first which one applies to your file.

Why the percentage matters: your deductible

Under the Agreement, the collision deductible you pay equals your deductible multiplied by the proportion of the damage for which you are responsible. At 0% fault you pay no deductible; at 50%, half; at 100%, all of it.

The percentage is therefore not a matter of principle: it directly affects what comes out of your pocket.

Disputing the determination

First ask your insurer, in writing, what the percentage is based on: which situation under the Agreement it applied and which facts it accepted. The Agreement assigns fault according to each driver's manoeuvre; an inaccurate description of the manoeuvre leads to an inaccurate percentage.

Send your evidence: photos, a sketch, witnesses, the police report, dash-cam footage. If the insurer maintains its position, you can complain through the insurer's complaint process and, if the settlement still does not satisfy you, bring your recourse against your own insurer under the general law (section 116 of the Automobile Insurance Act).

What the Agreement does not cover

It covers property damage. Bodily injury falls under a separate regime, distinct from the Agreement and from this page.

Deadlines

An action against the insurer is generally prescribed by three years (article 2925 of the Civil Code). A pending dispute or complaint does not stop that clock.