Automotive

Parking Lot Accident, my parked car was hit. 50/50 still? Fault Determination Rule?

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  • Jun 15th, 2015 5:05 pm
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[OP]
Jr. Member
Oct 20, 2008
197 posts
1 upvote
Toronto

Parking Lot Accident, my parked car was hit. 50/50 still? Fault Determination Rule?

Pretty simple incident. I park my car to go into the bank and leave the wife and kids in the car to wait for me. I parked WITHIN the parking lines. After 5min a guy comes into the bank and says some guy hit my car and is arguing with my wife. No one was in the driver seat of my car. Witness was parked just across me and saw the entire incident.

I've asked a few people and even my broker and they said all parking lot accidents are 50/50. However, doing some internet research shows that if a car is parked and a moving vehicle hits the parked car, it becomes a 100% fault for the moving vehicle under the Fault Determination Rule.

My Questions:
1) Is this true or have rules changed?

2) Is there anything else I need to know for my situation?

3) Is there any way I can still be at fault for this incident?


I'm worried if I report it and it becomes a 50/50 for whatever reason. I don't want to get screwed over by someone elses fault.

Not much damage to my car, but the guy who hit me is being an ******* and saying he knows the law and its 50/50 so tells me he doesn't care and I'm SOL.

I'm more pissed at the guys attitude towards the situation and doesn't even apologize.
26 replies
Banned
User avatar
Apr 27, 2010
6280 posts
444 upvotes
Help me
Since your car was parked, I believe it is 100% the fault of the person who was in motion. Take your wife and kids to the doctor to get checked out.

If its not to late, contact the witnesses. They could come in handy!

Report to collision centre asap. You can ask them there about the insurance questions.

Your best bet would be to call your insurance company, and ask the question as a hypothetical.
Deal Guru
User avatar
Dec 23, 2003
12887 posts
1635 upvotes
Toronto
Mr.Sea wrote:
Jul 8th, 2011 9:48 pm
Since your car was parked, I believe it is 100% the fault of the person who was in motion. Take your wife and kids to the doctor to get checked out.

If its not to late, contact the witnesses. They could come in handy!

Report to collision centre asap. You can ask them there about the insurance questions.

Your best bet would be to call your insurance company, and ask the question as a hypothetical.
As soon as you call, they record this so question or not, they can make a claim of it. Buddy of mine found out the hard way.

This link may be of help: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is
not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Tell the other guy he is wrong and get an insurance lawyer to sue his @ss to the grave. teach the mofo a lesson.
Newbie
Jul 4, 2011
49 posts
4 upvotes
Earth
The other driver is an idiot. A claim is a claim for him so he screwed himself. With your wife and kids in the car ad witnesses make sure you fight this jerk in court.

If the guy was arguing with your wife you should have called the cops.

Good luck
Deal Fanatic
Jun 26, 2007
5737 posts
1152 upvotes
???
100% their fault. If you are parked you are good.
Deal Fanatic
Aug 14, 2007
9547 posts
1081 upvotes
Toronto
And what is he gonna sue for jackass?

It's the other drivers fault 100%. I had this happen to me at a gas station
hightech wrote:
Jul 8th, 2011 9:56 pm
As soon as you call, they record this so question or not, they can make a claim of it. Buddy of mine found out the hard way.

This link may be of help: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is
not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Tell the other guy he is wrong and get an insurance lawyer to sue his @ss to the grave. teach the mofo a lesson.
Newbie
Feb 6, 2011
8 posts
1 upvote
Newmarket
I am an insurance broker.
Under the fault determination rules in Ontario, this is not an at fault loss for you. Period.
It will not affect your rates.
Newbie
Feb 6, 2011
8 posts
1 upvote
Newmarket
When you are in an auto accident, you cannot use passengers as a witness. Just thought I would clear that one up for you.
Registered Insurance Broker
ctchmeifucan
[OP]
Jr. Member
Oct 20, 2008
197 posts
1 upvote
Toronto
Thanks everyone!

I just wanted to make sure before I call the Collision Reporting Center and Insurance tomorrow.
Newbie
Jul 4, 2011
49 posts
4 upvotes
Earth
ctchmeifucan wrote:
Jul 8th, 2011 11:12 pm
When you are in an auto accident, you cannot use passengers as a witness. Just thought I would clear that one up for you.
Registered Insurance Broker
ctchmeifucan
You have no clue. If this goes to trial he will have to swear under oath that the op was in the car. That's perjury. If this douche is willing to risk a criminal charge then he is dumber than he looks. His own insurance company will investigate the circumstances and realize he is lying.

But op should definitely gather any witness and the fact he will have proof he was in the bank will end this BS fast!
Banned
User avatar
Sep 16, 2010
843 posts
77 upvotes
GTA
yep it's true... your wife and kids cannot be witnesses even though they were in the car. you have to have other people that witnessed the whole thing to provide proof.

same thing happened to my mom not long ago and her passenger was not able to be used. so they had to view security cam footage of the accident to turn it from 50/50 into 100% fault for that other driver. and even after that the other driver tried to sue my mom for the work he had done to fix his car, he lied about things and ended up in more trouble and a huge fine.

he was actually arguing with my mom and got within a hand space of her and was almost charged with assault for breaching personal space. apparently when you get within a foot of a persons personal space during an argument it can be considered a form of assault (this was backed up by the lawyer and the police officer).

later found out this guy had a history of making BS claims to get his car fixed, i think after my moms incident he was dropped by his insurance company (belair).
Deal Fanatic
User avatar
Aug 11, 2008
8048 posts
946 upvotes
Ontario
its the other guys fault, find your witnesses and call your broker, who is not correct telling you its 50/50 in parking lots..insurance companies use a fault chart...
shake'n_bake wrote:
Jul 8th, 2011 9:45 pm
Pretty simple incident. I park my car to go into the bank and leave the wife and kids in the car to wait for me. I parked WITHIN the parking lines. After 5min a guy comes into the bank and says some guy hit my car and is arguing with my wife. No one was in the driver seat of my car. Witness was parked just across me and saw the entire incident.

I've asked a few people and even my broker and they said all parking lot accidents are 50/50. However, doing some internet research shows that if a car is parked and a moving vehicle hits the parked car, it becomes a 100% fault for the moving vehicle under the Fault Determination Rule.

My Questions:
1) Is this true or have rules changed?

2) Is there anything else I need to know for my situation?

3) Is there any way I can still be at fault for this incident?


I'm worried if I report it and it becomes a 50/50 for whatever reason. I don't want to get screwed over by someone elses fault.

Not much damage to my car, but the guy who hit me is being an ******* and saying he knows the law and its 50/50 so tells me he doesn't care and I'm SOL.

I'm more pissed at the guys attitude towards the situation and doesn't even apologize.
RIBO LICENCED INSURANCE BROKER, over 30 years experience
Member
Dec 18, 2010
293 posts
51 upvotes
London
the 50/50 rule only apply to moving vehicle. So the other guy is 100% at fault. The main thing for you is have witness aside for your own ppl.
Go ahead,i just hate ppl who think they are invicible on the road!
Deal Addict
Feb 24, 2007
3850 posts
762 upvotes
Don't be fooled by your broker. A parked or stopped car is not the cause of the accident. Nail the other guy down. And change your broker as well.
FS : Promise NS4300N NAS,Linksys RE400W,E5151,HBB1,VIVOTab RT,MemoPad 8
Deal Fanatic
User avatar
Jan 11, 2008
7331 posts
809 upvotes
GTA
firetree wrote:
Jul 9th, 2011 12:41 pm
the 50/50 rule only apply to moving vehicle. So the other guy is 100% at fault. The main thing for you is have witness aside for your own ppl.
Go ahead,i just hate ppl who think they are invicible on the road!

This is also incorrect (at least for Ontario, no idea about other provinces). Parking lot accidents are NOT automatically 50/50 if both vehicles are moving - but it is definitely one of the most repeated mistakes on RFD. The fault determination rules are used (and there is a section specifically dealing with parking lot accidents).

For the OP, I'm glad you got the right information but I'm pretty shocked your broker told you it would be 50/50.

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