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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Deal Addict
Nov 27, 2007
3512 posts
650 upvotes
also remember op... if someone is coming out their parking space, and hits thruway traffic, it is 100% fault of the person c
oming out of parking space.
Sr. Member
Apr 10, 2009
657 posts
53 upvotes
Hypothetical question related to this: What would have happened if there were no witnesses or security camera footage of the car or the driver? Would the adjuster still examine car in the parking lot and figure out that it wasn't moving etc and make it a not at fault loss?
Deal Expert
Aug 2, 2001
16033 posts
6207 upvotes
Mistro wrote:
Jul 11th, 2011 12:44 am
Hypothetical question related to this: What would have happened if there were no witnesses or security camera footage of the car or the driver? Would the adjuster still examine car in the parking lot and figure out that it wasn't moving etc and make it a not at fault loss?
To me there are two scenarios:
1: Driver who hit the parked car gave his plate to the victim (or was given to the victim by someone else)
- Insurance adjusters/police would investigate the incident and can most likely tell the position of the cars when the impact occurred and determine which individual is telling the truth.
2: Driver who hit the parked car drove away without being caught
- In this case you would need to have insurance to cover a "hit and run", which I believe will not raise your rates however does require more than the basic insurance. I think you need Collision to make the claim and it goes under the Comprehensive section of your policy, but don't quote me on that.
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Apr 12, 2012
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Toronto
TrevorK wrote:
Jul 11th, 2011 2:30 pm
To me there are two scenarios:
1: Driver who hit the parked car gave his plate to the victim (or was given to the victim by someone else)
- Insurance adjusters/police would investigate the incident and can most likely tell the position of the cars when the impact occurred and determine which individual is telling the truth.
2: Driver who hit the parked car drove away without being caught
- In this case you would need to have insurance to cover a "hit and run", which I believe will not raise your rates however does require more than the basic insurance. I think you need Collision to make the claim and it goes under the Comprehensive section of your policy, but don't quote me on that.
Is number 2 still the case? What should be done in case of a hit and run where your car was just parked and someone hit it and no one saw it happen. Should one contact his insurance company or just get it fixed without making a claim because they don't want rates to rise.
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Aug 29, 2011
3856 posts
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Westmount (Montreal)
In Quebec, Parking lot accident with 2 or more moving vehicles are not always 50/50.

There is a chart, and the one who caused the accident is usually 100% responsible.
Deal Expert
Aug 2, 2001
16033 posts
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zobi123 wrote:
Jun 14th, 2015 6:44 pm
Is number 2 still the case? What should be done in case of a hit and run where your car was just parked and someone hit it and no one saw it happen. Should one contact his insurance company or just get it fixed without making a claim because they don't want rates to rise.
If you are involved in a hit and run accident, and have the appropriate insurance coverage to cover it, it will not cause your rates to rise. Some insurance companies even offer coverage that will waive your deductible if you report it soon enough (within a "reasonable" period of time).

Provided you have coverage for hit and run, the only realistic downside is that your vehicle will have a claim against it on the Carfax/Carproof. Otherwise, it may very likely be in your best interests to make a claim for the damage if it is not minor (at least above your deductible).
Deal Fanatic
Oct 7, 2010
8651 posts
1034 upvotes
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.
Take pictures. Even the guy denies it. Insurance will still rule in your favor. 100% not at fault if you can prove it. Your broker is on crack.

100% report to reporting centre and insurance. Emphasis you were in parking inside the bank.
Sr. Member
Jul 24, 2009
620 posts
428 upvotes
kitchener
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.
This guy has lot of nerve...he hits you parked car and then instead of at least apologizing he gets mouthy?!?!

If it were me, I would go out of my way to teach this as**ole a lesson he will never forget, for giving this kind of attitude.
You were parked, not your fault...period.
I'm pretty sure the 50/50 only applies when both cars are moving.
Keep us posted.
Deal Fanatic
Sep 5, 2002
6630 posts
962 upvotes
Can you get the security footage of the parking lot?
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Feb 24, 2007
13127 posts
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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.
Once you have the car repaired, find yourself a more competent broker by all measure. Who wants to have a broker who is that ignorant of the most basic rules?
Sr. Member
Nov 26, 2012
720 posts
126 upvotes
Not always. I was in a parking lot accident where both my car and this other car were reversing. Turned out I was 100% at fault because the other driver said she stopped and honked and i was reversing. No witness. Her statement was more favorable so I was deemed 100%.
Definitely for your case the other driver is 100% at fault.
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Jan 13, 2012
1105 posts
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Sudbury
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

I believe it's called "vested interest".

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