Acts and Regulations

2004-141 - Fault Determination

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2004-141
under the
Insurance Act
(O.C. 2004-532)
Filed December 23, 2004
Under section 254.2 of the Insurance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Fault Determination Regulation - Insurance Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Insurance Act. (Loi)
“centre line” means(ligne centrale)
(a) a single or double, solid or broken line marked in the middle of the roadway, or
(b) if no line is marked, the middle of the roadway measured from the curbs, or in the absence of curbs, from the edges of the roadway, except when a portion of the roadway is obstructed by parked vehicles, a snowbank, or other object blocking traffic on an extended portion of the roadway, as long as two-way traffic in that portion of the roadway is still possible without difficulty, in which case the centre line is the middle of that portion of the roadway that is left unobstructed, or
(c) where on a laned roadway there are more lanes available for traffic in one direction than the other direction, the line dividing the lanes for traffic in different directions.
“chain reaction” means a series of successive impacts among 3 or more vehicles travelling in the same direction one behind the other in the same lane. (collision en chaîne)
“collision” means(collision)
(a) impact between 2 or more vehicles or parts of vehicles being detached without the involvement of the insured, or
(b) impact between a vehicle and the load of another vehicle.
“controlled access highway” means a highway designated by a Regulation made under section 38 of the Highway Act. (route à accès limité)
“damage” means(dommages)
(a) damage caused to an insured vehicle,
(b) loss of use of an insured vehicle,
(c) loss of or damage to property owned by an insured while being transported in the vehicle.
“intersection” means the area enclosed within the lateral boundary lines of 2 or more roadways, or lanes in parking lots, that join one another at an angle, and lines drawn at right angles across each such roadway, or lane in a parking lot, from the points where such lateral boundary lines intersect. (carrefour)
“pile-up” means a situation where liability is undetermined resulting from a series of impacts among 3 or more vehicles travelling in different lanes. (carambolage)
“roadway” means that portion of a highway ordinarily used for vehicular travel, exclusive of the shoulder unless the shoulder is paved. (chaussée)
“vehicle” means an automobile as defined in section 1 of the Act. (véhicule)
Application
3This Regulation applies to all vehicles except a vehicle exempted from registration under the Motor Vehicle Act, unless that vehicle is insured by a motor vehicle liability policy.
Use of rules and diagrams
4(1)An insurer shall determine the degree of fault of an insured for loss or damage arising directly or indirectly from the use or operation of an automobile in accordance with these rules.
4(2)The diagrams in this Regulation are merely illustrative of the situations described in these rules.
General rule
5The degree of fault of an insured is determined without reference to
(a) the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians, or
(b) the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.
More than one rule applies
6(1)If more than one rule applies with respect to the insured, the rule that attributes the least degree of fault to the insured shall be deemed to be the only rule that applies in the circumstances.
6(2)Despite subsection (1), if 2 rules apply with respect to an incident involving 2 automobiles and if under one rule the insured is 100% at fault and under the other the insured is not at fault for the incident, the insured shall be deemed to be 50% at fault for the incident.
Ordinary rules of law
7(1)If an incident is not described in any of these rules, the degree of fault of the insured shall be determined in accordance with the ordinary rules of law.
7(2)If there is insufficient information concerning an incident to determine the degree of fault of the insured, it shall be determined in accordance with the ordinary rules of law unless otherwise required by these rules.
Rules for automobiles travelling in the same direction and lane
8(1)This section applies when automobile “A” is struck from the rear by automobile “B”, and both automobiles are travelling in the same direction and in the same lane.
8(2)If automobile “A” is stopped or is in forward motion, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
8(3)If automobile “A” is turning, either to the right or to the left, in order to enter a side road, private road or driveway, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
8(4)If automobile “A” is in forward motion and is entering a parking place on either the right or the left side of the road, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
Idem
9(1)This section applies when automobile “A” collides with automobile “B” while automobile “B” is entering a road from a parking place, private road or driveway.
9(2)If the incident occurs when automobile “B” is leaving a parking place and automobile “A” is passing the parking place, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
9(3)If the incident occurs when automobile “B” is entering a road from a private road or a driveway and automobile “A” is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
Idem
10If automobile “A” collides with automobile “B” on a controlled access highway while automobile “B” is entering the road from an entrance lane, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
Idem
11(1)This section applies with respect to a chain reaction.
11(2)The degree of fault for each collision between 2 automobiles involved in the chain reaction is determined without reference to any related collisions involving either of the automobiles and another automobile.
11(3)If all automobiles involved in the incident are in motion and automobile “A” is the leading vehicle, automobile “B” is second and automobile “C” is the third vehicle,
(a) in the collision between automobiles “A” and “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 50% at fault for the incident, and
(b) in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100% at fault for the incident.
11(4)If only automobile “C” is in motion when the incident occurs,
(a) in the collision between automobiles “A” and “B”, neither driver is at fault for the incident, and
(b) in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100% at fault for the incident.
Rules for automobiles travelling in the same direction in adjacent lane
12(1)This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes.
12(2)If neither automobile “A” nor automobile “B” changes lanes, and both automobiles are on or over the centre line when the incident (a “sideswipe”) occurs, the driver of each automobile is 50% at fault for the incident.
12(3)If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50% at fault for the incident.
12(4)If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
12(5)If the incident occurs when automobile “A” is turning left at an intersection and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
12(6)If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is overtaking automobile “A” to pass it, the driver of automobile “A” is 75% at fault and the driver of automobile “B” is 25% at fault for the incident.
12(7)If the incident occurs when automobile “A” is turning left at a private road or a driveway and automobile “B” is passing one or more automobiles stopped behind automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
Idem
13(1)This section applies with respect to an incident involving 3 or more automobiles that are travelling in the same direction and in adjacent lanes (a “pile-up”).
13(2)For each collision between 2 automobiles involved in the pile-up, the driver of each automobile is 50% at fault for the incident.
Rules for automobiles travelling in opposite directions
14(1)This section applies when automobile “A” collides with automobile “B”, and the automobiles are travelling in opposite directions and in adjacent lanes.
14(2)If neither automobile “A” nor automobile “B” changes lanes and both automobiles are on or over the centre lane when the incident (a “sideswipe”) occurs, the driver of each automobile is 50% at fault for the incident.
14(3)If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50% at fault for the incident.
14(4)If automobile “B” is over the centre line of the road when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
14(5)If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
14(6)If automobile “B” is leaving a parking place or is entering the road from a private road or driveway, and if automobile “A” is overtaking to pass another automobile when the incident occurs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
Rules for automobiles in an intersection
15(1)This section applies with respect to an incident that occurs at an intersection that does not have traffic signals or traffic signs.
15(2)If automobile “A” enters the intersection before automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
15(3)If automobiles “A” and “B” enter the intersection at the same time and automobile “A” is to the right of automobile “B” when in the intersection, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
15(4)If it cannot be established whether automobile “A” or “B” entered the intersection first, the driver of each automobile shall be deemed to be 50% at fault for the incident.
Idem
16(1)This section applies with respect to an incident that occurs at an intersection with traffic signs.
16(2)If the incident occurs when the driver of automobile “B” fails to obey a stop sign, yield sign or a similar sign or flares or other signals on the ground, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
16(3)If the driver of each automobile fails to obey a stop sign, the driver of each automobile is 50% at fault for the incident.
16(4)If it cannot be established who failed to obey a stop sign, the driver of each automobile shall be deemed to be 50% at fault for the incident.
16(5)If, at an all-way stop intersection, automobile “A” arrives at the intersection first and stops, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
16(6)If, at an all-way stop intersection, both automobiles arrive at the intersection at the same time and stop, with automobile “A” to the right of automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
16(7)If it cannot be established who arrived at the all-way stop intersection first, the driver of each automobile shall be deemed to be 50% at fault for the incident.
Idem
17(1)This section applies with respect to an incident that occurs at an intersection with traffic signals.
17(2)If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
17(3)If it cannot be established whether the driver of either automobile failed to obey a traffic signal, the driver of each automobile shall be deemed to be 50% at fault for the incident.
17(4)If the traffic signals at the intersection are inoperative, the degree of fault of the drivers shall be determined as if the intersection were an all-way stop intersection.
Rules for automobiles in parking lots
18(1)The following definitions apply in this section.
“feeder lane” means a road in a parking lot other than a thoroughfare. (allée prioritaire)
“thoroughfare” means a main road for passage into, through or out of a parking lot. (allée secondaire)
18(2)This section applies with respect to incidents in parking lots.
18(3)The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road.
18(4)If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100% at fault and the driver of automobile “B” is not at fault for the incident.
18(5)If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or a thoroughfare, the driver of automobile “A” is 100% at fault and the driver of automobile “B” is not at fault for the incident.
Rules for other circumstances
19(1)If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100% at fault for the incident.
19(2)If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town, village or rural community, the driver of automobile “A” is 100% at fault and the driver of automobile “B” is not at fault for the incident.
2005-91
Idem
20The driver of automobile “A” is 100% at fault and the driver of automobile “B” is not at fault for an incident in which automobile “A” collides with automobile “B” when the driver of automobile “A” fails to obey
(a) a peace officer’s direction,
(b) a do not enter sign,
(c) a prohibited passing sign, or
(d) a prohibited turn sign.
Idem
21The driver of automobile “A” is 100% at fault and the driver of automobile “B” is not at fault for an incident that occurs
(a) when automobile “A” is backing up,
(b) when automobile “A” is making a U-turn, or
(c) when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open.
Rules when a driver is charged with a driving offence
22(1)For the purposes of this Regulation, a driver is considered to be charged with a driving offence if, as a result of the incident, the driver is charged with
(a) operating an automobile while the driver’s ability to operate the automobile was impaired by alcohol or a drug or by a combination of alcohol and a drug,
(b) driving when
(i) their blood alcohol level exceeded the limits permitted by law,
(ii) their blood drug concentration level exceeded the limits permitted by law, or
(iii) in a case where there is a combination of alcohol and a drug in the driver’s blood, their blood alcohol level and blood drug concentration level exceeded the limits permitted by law,
(c) an indictable offence related to the operation of an automobile,
(d) failing or refusing to comply with a demand to provide a breath sample or a sample of bodily substance when asked to do so,
(e) failing or refusing to comply with a demand to perform physical coordination tests or submit to an evaluation when asked to do so, or
(f) exceeding the speed limit by 25 or more kilometres per hour.
22(2)The degree of fault of the insured shall be determined in accordance with the ordinary rules of law, and not in accordance with this regulation
(a) if the driver of automobile “A” involved in the incident is charged with a driving offence, and
(b) if the driver of automobile “B” is wholly or partly at fault, as otherwise determined under this regulation, for the incident.
2021-72
Commencement
23This Regulation comes into force on January 1, 2005.
N.B. This Regulation is consolidated to September 22, 2021.