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Case 11 - Backing up or making a U turn
Portion of liability:
This case applies when 'Y' is backing up or making a U turn.
When two or more vehicles are backing up, liability shall be apportioned equally among all motorists.
Indemnity
Applying the Direct Compensation Agreement when Y is backing up or making a U turn:
- Vehicle Y is responsible: the insured will be indemnified if the collision is covered under his insurance policy (section B of the Contract). The insured will then have to pay a deductible.
- Vehicle is not responsible: the insured will be indemnified even if the collision is not covered under his insurance policy. The insured will not have to pay a deductible.
Applying the Direct Compensation Agreement when two vehicles or more are backing up:
- Vehicles X and Y are each 50% responsible: the insured will be indemnified for half of the amount of his damage if policy only covers civil liability (section A of the Contract). He will be indemnified for the other half of the damage if his policy also covers collision (section B of the Contract). The insured will have to pay 50% of his deductible.
Note
The insurer must obtain the version of the accident from the persons involved. As a general rule, if the versions differ and there is no independent witness to corroborate one or other of the versions, responsibility for the accident is shared 50% - 50%.
For more information, contact your insurer.
You can also contact the Insurance Information Centre.
N.B.
The content of these web pages is provided for information only and to make it easier to understand the DCA. It is not legally binding. The official version of the DCA takes precedence. Your insurer will establish the portion of your liability in the accident.
Download the official version of the Direct Compensation Agreement.