I'm not familiar with the contents of OAP1, but any charges laid by police would be based on the Highway Traffic Act, not insurance regulations. Insurance companies determine fault based on the Fault Determination Rules regulation of the Insurance Act. Link: http://www.canlii.org/en/on/laws/regu/r ... g-668.html
While the rules are typically consistent with the Highway Traffic Act, sometimes the driver who gets charges will not the one who's found to be at fault by the insurance company.
In terms of legal standing, what type of proceeding are you referring to? An HTA matter? Civil matter?
The OAP1 is the standard policy contract between an insured and their insurer for automobile insurance accross Ontario. It sets out each party's obligations to the contract and policy conditions for coverage. If there is a breach of the conditions, then there is a breach of the contract between you and your insurer. If there is prove that breach of a policy condition has occured then your insurer has the right to deny coverage.
Most of the time breaching a policy condition will result in denial of first party coverages, however, there are certain conditions that if breached may also result in denial of liability coverage as well. I don't know that at this point it is in your best interest to be dealing with your broker, although most are very knowledgeable, you should be speaking to the adjuster directly.
You do have a year to commence an action against your insurer, if that is the way you would like to go. Best is to consult with a lawyer who deal with these type of claims. You may be able to retain a lawyer even if you don't intend to go into litigation. They may also represent you during the settlement of your claim and would be able to deal with any coverage issues on your behalf.
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