Car accident: How your liability affects your claim

Remember that in Quebec, only civil liability insurance is required to drive. Coverage for damage to a vehicle, such as Collision or All Perils coverage (Chapter B of the policy), is still optional.

If you’re not at fault for the accident, damage to your own vehicle is covered even if you only have one way coverage (i.e., only civil liability coverage). You will also be compensated without having to pay a deductible.

However, if you’re at fault for the accident and your vehicle is damaged, you will only be compensated if you have Collision or All Perils coverage. In that case, the deductible provided for in your contract will apply.

If you’ve subscribed to civil liability insurance (mandatory), you will not be compensated by your insurer. You will be responsible for the costs of repairing your vehicle.

Legal action against the driver at fault

In most automobile accidents, direct compensation applies. This means that it’s your insurer who is responsible for compensating you, which it will do by taking your liability and coverage purchased into account. This means that you cannot sue the at-fault driver for the damage to your car.

After you collide with another driver, your insurer will, while processing your claim, verify what coverage you have purchased and establish your liability in the accident. These two factors will in turn be considered when compensating you.