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CIP C14 Auto - Chapter 3 - No-Fault Concepts, CIP C14 Auto - Chapter 1-3.
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CIP C14 Auto - Chapter 3 - No-Fault Concepts, CIP C14 Auto - Chapter 1-3.
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CIP C14 Auto - Chapter 3 - No-FaultConcepts, CIP C14 Auto - Chapter 1-3
1. Why is there often confusion with respect to how consumers and insurers
define no-fault? - CORRECT ANSWER-Many consumers think it has to do with
whether their premium will go up following a claim, whether or not they were "at
fault". What it really means is that claims are settled with an insured without
regard for legal liability concepts.
2. What two distinctions must be made when considering no-fault concepts? -
CORRECT ANSWER-No-fault concepts must be considered separately for
vehicle damage and for injuries.
3. What early agreements used the original concept of no-fault automobile
insurance? - CORRECT ANSWER-Knock-for-knock agreements implemented by
British insurers.
4. What are the aims of no-fault automobile insurance? - CORRECT
ANSWER-Less investigation, less subrogation activity, less litigation, speedier
settlements for insureds, insureds deal only with their own insurer, cost savings
resulting in lower premiums.
5. How is fault determined for premium chargeability in Quebec? In Ontario? In
New Brunswick? - CORRECT ANSWER-Quebec uses the drivers fault chart,
Ontario and New Brunswick use Fault Determination Rules. Fault is still
considered when claims are settled. Insureds are indemnified to the extent they
are not-at-fault. Fault must be determined for premium chargeability.
6. To which type of automobile insurance coverage was the no-fault concept first
applied in Canada? - CORRECT ANSWER-Medical expenses.
7. What auto policy coverages are the forerunners of present day no-fault plans?
- CORRECT ANSWER-Knock for knock coverage for collision.
, 8. What is a threshold as it relates to auto insurance? - CORRECT ANSWER-A
threshold is the degree of injury a claimant must establish before being allowed
to commence a legal action against the responsible party. It may be a dollar
amount or a verbal description of the severity of the injuries that must be suffered
to establish this right of action.
9. What provinces presently have no-fault plans? - CORRECT
ANSWER-Ontario, Quebec, Manitoba, Saskatchewan and New Brunswick all
have some no fault coverages
10. What provinces allow no suits for injury? - CORRECT ANSWER-Quebec,
Manitoba
11. What provinces allow suits in certain circumstances only? - CORRECT
ANSWER-Ontario, Saskatchewan
1. What is negligence? - CORRECT ANSWER-Negligence is the omission to do
something which a reasonable person, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do, or doing something
which a prudent and reasonable person would not do.
2. What are the consequences of negligence in the operation of a motor vehicle?
- CORRECT ANSWER-A negligent person in an automobile accident is liable for
the damages caused.
3. What is onus of proof? - CORRECT ANSWER-The burden or responsibility of
proof, also referred to as onus probandi.
4. How is onus of proof determined? - CORRECT ANSWER-The onus of proof is
upon the person suing or the plaintiff, under the law. This is true also for
automobile insurance. However some provinces have exceptions for accidents
involving a pedestrian or cyclist, in those cases the motorist must prove they
were not negligent.
5. In most cases, on whom is the onus of proof? - CORRECT ANSWER-The
plaintiff, the person bringing the suit or claiming the damage.
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