Auto Accidents and Insurance Authority : General Talk
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?
Source: http://www.ontariohighwaytrafficact.com/topic4940.html
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