Ontario chain accident: 50% at fault due to "in motion" rule. Can I fight this?
I'm hoping to get some perspective from anyone who has dealt with a chain accident in Ontario, specifically the Fault Determination Rules.
I was involved in a 3-car chain collision around Toronto. I was the middle car. The car in front me stopped. I applied brakes smoothly and was slowing down to a stop, but was violently rear-ended by a third car. The impact was severe enough to push my vehicle into the front car.
I gave an honest statement to police and insurance, noting I was "slowing down to stop" when I was hit from behind.
My insurance tells me that because I was still "in motion", according to Ontario fault determination rules, I am automatically 50% at fault for the impact with the front car.
Has anyone ever successfully challenged the "in motion" vs. "stationary" binary in an Ontario chain reaction?