Things are different in the US. There is nothing stopping someone from suing someone else for negligence or for someone being sued by "the people" for gross/criminal negligence and that is not something insurance would generally cover, but there has never been a documented case in the US, that I or anyone else has seen, where insurance refused to pay out due to the insured's negligence, whether it was speeding, drunk driving, texting, towing/hauling overweight, etc. People on RV forums claim all the time that if you're overweight and you cause an accident then your insurance won't cover the damages. That is simply false and not a single person has been able to produce proof of what they're claiming. If this ever happened you can be sure there would be first-hand accounts of it because the vast majority of recreational towers are overweight, knowingly or not. I've been involved in numerous forums over the years and have seen some wicked accidents where vehicles were clearly overweight. Nobody has ever said they got screwed and their insurance didn't pay out when they were at fault.
Insurance is literally coverage for negligence. Poor judgement is negligence. There are various degrees of negligence. Speeding when there are signs posted is negligence. "Poor judgement" isn't a legal definition. Shared fault, aka contributory negligence, can affect how much someone can recover from someone else for damages, but that doesn't mean someone's insurance won't kick in to cover what the other party's won't cover as long as you have the necessary coverage.
I know nothing about how insurance in Canada works but I've heard some not so great stories about people getting screwed. Here in the US there are different coverages available with auto insurance and the biggest issues are making sure you have sufficient coverage to CYA and also be made whole should someone else have no or insufficient coverage when they cause damage to your property.
Dashcams are becoming very important as well, can't count the number of times a dashcam has saved someone's bacon because the driver at fault lied about what happened and without the dashcam footage the damage may be plausible based on the other party's lies.
Anyhoo...
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