Parking Lot Accident

[jacob011]

Pretty simple, i was driving down the parking lot in the right lane at a good speed when a lady reversed right onto the back right panel of my car just on top of the tire. Everyone is saying its going to 50/50 if she fights it, but isn't she 100% at fault since she was reversing and hit me when it was my right of way. She said it was her fault but im not sure if shes going admit it to her insurance. I made a claim and told my broker she said she will let me know. How much ***** am i going to pay.

[Franchise10]

Pretty simple, i was driving down the parking lot in the right lane at a good speed when a lady reversed right onto the back right panel of my car just on top of the tire. Everyone is saying its going to 50/50 if she fights it, but isn't she 100% at fault since she was reversing and hit me when it was my right of way. She said it was her fault but im not sure if shes going admit it to her insurance. I made a claim and told my broker she said she will let me know. How much ***** am i going to pay.

Not sure why insurance company sometimes look at private parking lots (that is where this happened) as different than regular roads (someone please correct me if I'm wrong). I believe based on what you said she should be at fault as she would have seen you pass her in her rearview mirror. Also, when you are coming out of a parking spot into traffic you need to ensure that the lane is clear.

Did you not file a police report? Also, post pics of damage. Might be 50/50 might not be. Maybe her admitting fault is her way of telling you she will pay for damages.

[vaportech]

Fault determination rules still apply in parking lots. Hta does not.

[SpillOnAisle9]

Fault determination rules still apply in parking lots. Hta does not.

+1 ...she is 100% at-fault because she hit you while backing up

[vero95]

she is 100% at fault because she was reversing


19. The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault
for an incident that occurs,
(a) when automobile “A” is backing up;

http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

in addition, your case may be covered by rule 16 (3) or (4) but you did not provide enough info

[mgdanderson]

Pretty simple, i was driving down the parking lot in the right lane at a good speed when a lady reversed right onto the back right panel of my car just on top of the tire. Everyone is saying its going to 50/50 if she fights it, but isn't she 100% at fault since she was reversing and hit me when it was my right of way. She said it was her fault but im not sure if shes going admit it to her insurance. I made a claim and told my broker she said she will let me know. How much ***** am i going to pay.

parking lots are deemed "private property" therefore not governed by the highway traffic act.
insurance companies will deem 50/50 each party is responsible for their own damage.

[vero95]

parking lots are deemed "private property" therefore not governed by the highway traffic act.
insurance companies will deem 50/50 each party is responsible for their own damage.

LOL that's funny to say after I just posted fault determination rules

[Wiseman]

100% her fault. Rest easy.

[mgdanderson]

LOL that's funny to say after I just posted fault determination rules

pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

[Franchise10]

LOL that's funny to say after I just posted fault determination rules


pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

Hopefully the OP can prove using surveillance cameras of the parking lot (if any). OP should have filed police report right away.

[Wiseman]

pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

So it's possible that the OP's car moved laterally and smashed into the other person's car's trunk?
The proof is in the damage. 100% at fault.

[mgdanderson]

So it's possible that the OP's car moved laterally and smashed into the other person's car's trunk?
The proof is in the damage. 100% at fault.

I don't disagree with you whatsoever... if this had happened on a road or highway it would be different. i am just commenting on how insurance companies actually handle "private property" accident claims.

It will be interesting to see when OP reports back as to what finally happened with the insurance company and the determination of fault...

[vero95]

pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

so the rules are bs?
whoever is at fault will see the rates go up and the companies will be reimbursed if they pay for the damage. it's therefore better for them to claim the fault was 50/50

[mgdanderson]

so the rules are bs?

rules are made to be broken

Again, I look forward to hearing from OP on what actually transpires... From reading what happened I don't disagree whatsoever that the reversing vehicle should be deemed at fault, but not everything is always that cut and dry with insurance companies unfortunately.

I hope I am proven wrong here, but in my history dealing with insurance companies in situations very similiar to this I just don't see it happening

[Wiseman]

I don't disagree with you whatsoever... if this had happened on a road or highway it would be different. i am just commenting on how insurance companies actually handle "private property" accident claims.

It will be interesting to see when OP reports back as to what finally happened with the insurance company and the determination of fault...

I've been in such an accident, which unfortunately I was the person backing out. It was private property..and I was deemed 100% at fault. When talking to the adjuster, I tried to ask some "but what if..." questions and she kept cutting me off about 4 times with "it's 100% your fault because you were reversing".

[vero95]

I've been in such an accident, which unfortunately I was the person backing out. It was private property..and I was deemed 100% at fault. When talking to the adjuster, I tried to ask some "but what if..." questions and she kept cutting me off about 4 times with "it's 100% your fault because you were reversing".

my wife was in a parking lot accident with her brand new camry few weeks ago. a guy was rushing to the parking spot and side swiped her car. he was 100% at fault. she had the back of the car repainted and got a rental for 2 days
maybe in Brampton they have different rules :)

[vaportech]

There was a thread on here before about someone with very similar situation. I knew he wasn't at fault based on the description and someone chimed in saying how it was private property it was 50/50 fault and said they work for some auto industry that deals with insurance on a regular basis or something along those lines. I told him that even though it's private property, the fault determination rules still apply, he said w.e we will see. a couple days later op replies that he was cleared from all fault and the other driver was found to be 100% at fault.

Something to consider.

[l69norm]

rules are made to be broken....

Fault determination rules are now legislated/ gov regulations in ON. An insurance co that doesn't apply those mandatory rules can be reported to the government regulator. The fsbo can levy fines or revoke licenses if there are too many violations.

[jacob011]

good news broker told me she is now 100% at fault. thanks for all your info guys

[mmretlol]

good news broker told me she is now 100% at fault. thanks for all your info guys

Justice has been served. Most excellent.

[vaportech]

See 100 other part at fault.

[COSMIC5]

incorrect


parking lots are deemed "private property" therefore not governed by the highway traffic act.
insurance companies will deem 50/50 each party is responsible for their own damage.

[COSMIC5]

being in the insurance business for over 28 years, parking lot accidents are not always 50/50


pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

[COSMIC5]

insurance companies don't subrogate from the insured or the third party insurer for claims paid


so the rules are bs?
whoever is at fault will see the rates go up and the companies will be reimbursed if they pay for the damage. it's therefore better for them to claim the fault was 50/50

[COSMIC5]

LOL really... i doubt FSCO would be happy about that


rules are made to be broken

[jkklau]

Help please! I was driving the wrong way in a 1-way private parking lot when someone reversed onto the right side of my car. From previous posts it looks like it would be 100% fault for the person backing out; however this time I was driving in the wrong direction in a 1-way throughfare. Whose fault would it be then? Would the wrong direction factor or the backing out factor rule? There is no clear answer in the Ontario Fault Determination Rules. Appreciate the help!

[Dk28]

pretty funny maybe... but after dealing with insurance companies for the last 12 years in the car rental business, a parking lot accident will be deemed 50/50 due to private property.

no police report, no witnesses, basically a he said she said. insurance company will determine 50/50

As others have pointed out already this is false. The insurance companies will use both of the drivers' statements to determine fault if they are not contradictory and if one party lies, they can always compare where the damage is on both vehicles to get a feel for what actually happened. I work in claims it's definitely not 50/50 just because the accident happened in a parking lot, especially in a clear cut case like this.

[vero95]

Help please! I was driving the wrong way in a 1-way private parking lot when someone reversed onto the right side of my car. From previous posts it looks like it would be 100% fault for the person backing out; however this time I was driving in the wrong direction in a 1-way throughfare. Whose fault would it be then? Would the wrong direction factor or the backing out factor rule? There is no clear answer in the Ontario Fault Determination Rules. Appreciate the help!

I still think the person backing up is at fault but it might be a matter of interpretation and the fault may be assigned 50/50
Let us know when you find out

[kneevase]

I still think the person backing up is at fault but it might be a matter of interpretation and the fault may be assigned 50/50
Let us know when you find out


I agree. The person was backing up AND was leaving a parking spot. Both of those factors are 100% at fault for the other guy.

The designation of the parking lot as one way is probably pretty flimsy. In Ontario, there are very specific requirements for highway signs, or they are invalid...check the regs to the HTA!

[jkklau]

Thanks guys...will let you know how it goes........

[240silvia]

l

[Frankie3s]

Just a note of caution. I noticed that the OP had mentioned that he was travelling down the parking lot at a good speed when the accident had happened. If this were the case, and the other car was pulling out, there is always that small window where an accident could occur especially when reversing out.

People need to slow down when driving down those lane ways. If the other driver had a witness to your speed being obsessive for the conditions, you probably would've been deemed 50% at fault at least. You got off lucky.

[240silvia]

While I agree that driving fast in a parking lot is never good I think the person reversing should be the one taking extra precautions.

[Frankie3s]

While I agree that driving fast in a parking lot is never good I think the person reversing should be the one taking extra precautions.

True. But it is very difficult to back out and have a complete sight of what's going on to the sides of you (since other cars are parked beside you) and we all know this. That's why everyone has to make an effort to drive responsibly in the parking lots. If I see a car backing out I certainly don't say "screw it" and hit the gas. As a courtesy, if I don't think they know that I'm coming I will even stop to let them out.

Backing into a parking slot with cars parked beside you isn't much better either. There will always be a blind spot pulling out.

[240silvia]

True. But it is very difficult to back out and have a complete sight of what's going on to the sides of you (since other cars are parked beside you) and we all know this. That's why everyone has to make an effort to drive responsibly in the parking lots. If I see a car backing out I certainly don't say "screw it" and hit the gas. As a courtesy, if I don't think they know that I'm coming I will even stop to let them out.

Backing into a parking slot with cars parked beside you isn't much better either. There will always be a blind spot pulling out.

I will HAVE to agree with you because I forgot about vans and trucks parked beside you completely blocking your view at times.

I am still a firm believer of backing into a spot :).

[vero95]

I will HAVE to agree with you because I forgot about vans and trucks parked beside you completely blocking your view at times.

I am still a firm believer of backing into a spot :).

The person leaving a parking spot is also at fault so it would not help you much if you park beside a truck and have poor visibility

[Frankie3s]

my wife was in a parking lot accident with her brand new camry few weeks ago. a guy was rushing to the parking spot and side swiped her car. he was 100% at fault. she had the back of the car repainted and got a rental for 2 days
maybe in Brampton they have different rules :)

She was damn lucky that she saw it. Most people would've done the Michael Jackson and "beat it."