Automotive

Parking Lot Accident...

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  • May 21st, 2012 1:22 pm
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[OP]
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Jun 5, 2004
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Calgary

Parking Lot Accident...

So my sister got into a minor parking lot accident with what appears to be less than $1000 in damage to both parties. Our car bumper has a scratch on it and it is sticking out a bit. Her van has a hairline scratch about 6" tall and possibly a minor dent???

Just wondering what the fault system here is in Alberta? Is it 50:50 or 100% at fault. She was backing out of the parking spot and was already about halfway when she hit the van behind her at the front wheel. The van should definitely have saw her. The van was driving on the wrong half of the roadway when she hit her. So who would be at fault here under claims terms?

We are thinking about not reporting it to insurance and just paying each party off. The car is under my mom and dad, so would it be better or worse to report it to insurance? Myself, my sister, my mom and my dad are under the policy.

Any suggestions would be greatly appreciated...Thanks :)
18 replies
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Mar 22, 2007
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Id do it under the table,

Reporting to insurance company would increase your dad's unsurance ALOT!
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Jul 12, 2003
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Markham
I think your sis is at fault since she should look when backing up. IS the van driver agree on 50/50 or he claim is your sis's fault?

If both agree, then each pay their own repairs.
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Apr 5, 2006
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Oakville
personally, i would get both people to fix their own cars, not sure what the law is for alberta but i had a parking lot accident last year, (we hit head on because it was a narrow part of the parking lot). we blamed each other, police came and ruled 50/50, fixed it ourselves.
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Apr 20, 2005
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Parking lot accidents are 50/50 fault, always. I am surprised how many people still don't know this. (The only possible exception is if you can prove they "intentionally" hit your car, which is almost never the case).
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Jan 5, 2004
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seshwan wrote:
May 13th, 2007 9:02 pm
Parking lot accidents are 50/50 fault, always. I am surprised how many people still don't know this. (The only possible exception is if you can prove they "intentionally" hit your car, which is almost never the case).
No, if you can prove your case to insurance, it can be ruled against the other party if you can show the party is negligent on their part.
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Sep 14, 2006
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50/50 in a parking lot because it is a private property and both parties had control of their cars. The only way to win a parking lot accident is if your car was off and you had no control of the vehicle. Keep it on the DL from the insurance company.
[OP]
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Jun 5, 2004
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Calgary
Some Updates...

So the other party doesn't want to pay, basically they are saying that we should pay 100% or they will go to insurance, and let them decide.

What's the best way to approach this now? They will get a quote on it tomorrow.

Thanks :)
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Sep 14, 2006
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again, isn't it 50/50 at fault in a parking lot?

is the other person that dumb to go to insurance and have an accident on their records? he's shooting down two birds with one stone (you and that person being the birds and the accident being the stone)

just pay for your own damages and have them worry about their own.
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Sep 26, 2005
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Vernon
How long has it been since the accident? Did it just occur yesterday?
I'd have to say if they don't want to go 50/50, just go through insurance.
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Nov 7, 2005
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Hes threatening you because hes a cheapskate.
Its 50/50. He goes to insurance, it'll say the same thing.
I'm sure hes using that as a threat. I mean no-one wants an increase in payments.
Don't try too hard to sway him.
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Feb 20, 2005
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Madden
For parking lot accidents, if two parties back into each other, the person who began backing up second is at fault. Now the unfortunate part is you have to prove who was backing up first. If you have a witness then it's a clear case but if you or the other party cannot prove this, then the insurance company will rule AT FAULT by both parties at 50/50. This is a win-win situation for insurance companies because both sides getting nailed with an AT FAULT accident if they claim through insurance. So unless one party can prove it was the other's fault, definitely settle on your own because the insurance company will only get what they want otherwise.
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Oct 28, 2005
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It's 50/50 if there's no witness. My wife had an accident in the parking lot and got hit by other driver, there's witness and the other driver was ruled at fault by insurance company. I think if you/your family have good driving record and doesn't have any at fault claim, some insurance companies will not increase your premiums based on that. Good luck! I'd go through insurance company just to be safe, some idiot may sue after a while claiming injury due to the car accident(assuming you didn't report to insurance but the other guy did).
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Mar 16, 2006
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i had mall parking lot accident too.

reported to the police and they said if I had the Right of Way then it is the other driver fault.
Which I proved to them I had the Right of Way and the other party decided to take the fault and their insurance fixed everything on my car.

Sometime it is not always 50/50. For example, if you are driving in the parking lot looking for open parking and another car back out and hits you so fast that you can't avoid then I am sure the car that backed out is at fault no mater what.
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2k4accord wrote:
May 15th, 2007 9:56 am
i had mall parking lot accident too.

reported to the police and they said if I had the Right of Way then it is the other driver fault.
Which I proved to them I had the Right of Way and the other party decided to take the fault and their insurance fixed everything on my car.

Sometime it is not always 50/50. For example, if you are driving in the parking lot looking for open parking and another car back out and hits you so fast that you can't avoid then I am sure the car that backed out is at fault no mater what.
what do you mean right of way and where exactly in the parking lot? were you leaving the parking lot and you had right of way onto the street?

the reason i said it's 50/50 is that the insurance company told me that both parties had control of their car and could've prevented the accident. i know that sometimes there are crappy drivers out there and the accident is unavoidable but i think you have to actually prove that it was unavoidable in order to win which is a pretty hard thing to do. that is why in a parking lot, they usually rule it 50/50.
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