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Who is at fault, and is there anything I can do
19. The driver of automobile is 100 per cent at fault and the driver of automobile is not at fault for an incident that occurs,
(a) when automobile is backing up;
(b) when automobile is making a U-turn; or
(c) when the driver of, or a passenger in, automobile opens the automobile door or leaves the door open. R.R.O. 1990, Reg. 668, s. 19.
The fault determination is correct. The only thing you may be able to do would be to sue the passenger in civil court, depending on when this occurred.
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For example, you hit an icy patch on a road and spin into the ditch and damage your vehilce with no other vehicles involved. You are still 100% at fault for insurance purposes even if you are not charged with anything by police.
As per Insurance Determination Rules you were 100% at fault as the driver of the vehicle even though passenger opened the door, but this has nothing to do with Highway Traffic Act charges.
Were you charged when the passenger opened the door? If yes, with what?
+++ This is not legal advice, only my opinion +++
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Seems to me that even though you were 100% at fault but not charged with anything that it should not be that high!
For $10,800 per year + gas + maintenace, you would be better to take the bus or a taxi everywhere you go.
+++ This is not legal advice, only my opinion +++
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