Actually, the police found equal fault. It was a guy on a bike that hit the side of my van when he went through a red light and was on the wrong side of the road. The police said that unless he wanted to pay for the damage to my van then I should not pay for the damage to his bike.
However, after 2 weeks of not hearing from him he decided to try and get $800 out of me. He threatened me and said he would come to my house if I didn't pay. I called the insurance company and they said that by their system I would automatically be found at fault because I was in a car and he on a bike. The insurance did not care what the police had to say. So that left me having to pay out of pocket or risk being denied coverage in the future.
In the end I got the guy to agree to meet me at a bike shop and I would pay the bike shop directly. I told the bike shop the story and they were shocked about what this guy had tried to do to me and they gave me a bit of a break on the price and then after they fixed the bike they told the guy off.
As far as the $300 being a small price to pay, it was money that at that time I didn't have and it was a MAJOR hardship to borrow and repay. I do agree about people taking advantage of the system. I have NEVER made a claim of any kind in 20 + years of driving and 15 years of home ownership. So, hopefully you can see why I felt let down by the insurance company.
Okay as one who has worked both on the company side, and as a broker, I can say that it doesn't matter what the police say, unless of course charges are involved.
The police do not determine who is at fault in an accident, they submit a report. And if it happened in the GTA they do not attend accident scenes unless it involves personal injury or damage is over $1000.00, they don't have time.
Don't know where your accident happened but that is how it goes here.
Fault determination is set out by FISCO (I believe), that is what insurers use to determine fault.
An accident will be determined to be 100%, 75%,50, or 25%.
If you are at all at fault, even 25% it will go on your insurance record if you report it, and it will stay on your record for 6 years, unless you have protection against a first claim. Protection against first claim coverage is now offered by most companies for a nominal fee.
If you have been with your insurer for 20 plus years, and they offer this coverage, surely they must have discussed it with you at your renewal.
Secondly, they wouldn't deny coverage in the future unless other claims had been reported.
Thirdly, I always discussed with my clients the implications of submitting small claims.
In the case of an at fault loss if the damage is minimal it is better to pay it yourself.
An insurer generally will not cancel you unless you have 3 at faults, so I would question that.
I also always advised clients who did not want to report claims that they should get a signed release from the third party so that they can't come back.