“Never apologise after an accident. People will think it’s your fault.”
Have you heard of this saying? Some believe that saying ‘sorry’ after a car accident means you admit liability.
The Evidence Act makes it very clear that an apology does NOT mean that you are admitting fault. Section 26.1 says:
-
An apology made by or on behalf of a person in connection with any matter
(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter,
(b) does not constitute a confirmation or acknowledgment of a claim in relation to that matter for the purposes of the Limitations Act,
(c) does not, notwithstanding any wording to the contrary in any contract of insurance and notwithstanding any other enactment, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available, to the person in connection with that matter, and
(d) shall not be taken into account in any determination of fault or liability in connection with that matter.
In fact, the Evidence Act goes on to say that apologies cannot be used in court as evidence of fault or liability.
If you think that an apology will help reduce a tense situation, go ahead and apologise.