Not at Fault in Ontario? Who Pays for Your Rental Car?
The tow truck pulls away with your car, and the first question hits: how do I get to work tomorrow, and who is paying for it?
If the accident was not your fault, you should not be the one stuck with the cost. But in Ontario, the way rental costs are handled depends on fault, your own policy, and the other driver’s insurer. This guide explains how it works in plain language.
What “not at fault” means in Ontario
Ontario uses a standard set of Fault Determination Rules to decide who is responsible after a collision. Your insurer applies these rules to the facts of the accident, such as rear-ending, turning left, or changing lanes. Fault is not decided by who calls the police or who argues loudest at the scene.
Fault is expressed as a percentage. You can be 0% at fault, 100% at fault, or somewhere in between. A 0% result is what most people mean by “not at fault.”
Who is responsible for your rental when you are not at fault
In general, the driver who caused the accident is responsible for the reasonable costs of your loss of use. That includes a comparable rental vehicle while yours is being repaired. In practice, you deal with your own insurer for the claim, and the at-fault driver’s insurer is ultimately responsible for the rental cost.
The word “reasonable” matters. The rental should be comparable to the vehicle you lost, and it should cover a reasonable repair period, not an open-ended one.
When your own insurer steps in
Some Ontario policies include a rental or loss-of-use endorsement. If yours does, your own insurer may pay for a rental, up to the limits written in your policy. If you have this coverage, it can be the fastest route, because you do not wait for the other side to accept responsibility.
Check your policy documents or call your broker and ask one question: “Do I have rental or loss-of-use coverage, and what are the daily and total limits?”
What to do at the scene to protect your claim
What you collect in the first ten minutes can shape the whole claim.
- Check for injuries and call 911 if anyone is hurt.
- Exchange names, phone numbers, licence plate numbers and insurance information.
- Photograph all vehicles, the damage, the road, and any signs or signals.
- Get contact details for witnesses.
- Report the accident to your insurer as soon as you can.
- Do not admit fault, even to be polite.
How long you can keep the rental
There is no single number of days. A rental is generally available while your vehicle is being repaired, for a reasonable period. A minor repair may take days. A larger one, or one delayed by parts or approvals, may take weeks. If your car is declared a total loss, the rental usually ends soon after a settlement offer is made.
Ask your adjuster and your body shop for an estimated repair time at the start, and keep both updated if it changes.
What to do if fault is disputed
Sometimes both drivers tell different stories. If the other driver disputes fault, report the accident to your own insurer anyway. Do not wait. Your insurer applies the Fault Determination Rules and handles the dispute. If you disagree with the result, you can ask your insurer how to appeal or review the decision.
During a dispute, you may still need a car. Ask your insurer what is available under your policy, and ask whether a provider can arrange a replacement vehicle with direct billing while the claim is sorted out.
How Estrada bills your insurer directly
Estrada has provided insurance replacement vehicles across the GTA since 2009. If your accident was not your fault, we can arrange a comparable replacement vehicle, deliver it free to your home, work or body shop, and bill the insurer directly. You do not pay upfront and wait for reimbursement.
We serve North York, Richmond Hill, Markham East, Markham West, Newmarket and Durham Region, and we answer 24/7.
Frequently asked questions
Do I pay for the rental first and get reimbursed later?
Not necessarily. With direct billing, the rental provider bills the insurer, so you do not carry the cost.
Will my rates go up if I was not at fault?
Generally, a 0% at-fault claim should not count against you in the same way as an at-fault claim. Confirm with your own insurer how your policy treats it.
Can I choose my own rental provider?
In most cases, yes. You have the right to ask for a provider you trust. Ask your insurer to confirm.
Do I need police reports or paperwork?
Your claim number, the other driver’s details, and photos will speed things up considerably.
Need a replacement car now? Call 1-855-4-ESTRADA or submit the booking form on our website. We bill your insurer directly.
This article is general information, not legal or insurance advice. Coverage and fault outcomes depend on your policy and the facts of your accident. Confirm details with your insurer or broker.