The court noted that an “at-fault accident” is an accident in which a driver is “proportionately responsible,” and explained that a driver is “proportionately responsible if 50 percent responsible for an accident involving two drivers; if 33 1/3 percent responsible for an accident involving three drivers, etc.   Specifically excluded form the definition of “at-fault,” are cases such as when the insured vehicle was lawfully parked; the insured vehicle was struck by a hit and run driver; the insured was not convicted of a traffic violation but another driver was convicted; and when the insured vehicle was struck in the rear by another vehicle.

The court determined that it was inappropriate for an insurance company to assess insurance eligibility rating points to a driver who skidded on a patch of black ice resulting in property damage to his vehicle.