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Case 8c - Stop sign and defective or inoperative traffic lights
Example
Portion of liability:
In case of an accident occuring at an intersection equipped with a stop sign on each corner, defective or inoperative traffic lights, the driver of the vehicle first in the intersection has the right of way unless it is proven:
a) that 'X' failed to stop ('X' to be held fully liable); or
b) that both 'X' and 'Y' failed to stop (both to be held equally liable);
(sections 367 and 368 of the Highway Safety Code, R.S.Q., chapter C-24.2).
Indemnity:
Applying the Direct Compensation Agreement when X reaches the intersection first:
- 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 X 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
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.