Automotive

Advice on accident on Private Shopping Mall Property

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  • Jun 8th, 2009 3:43 pm
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[OP]
Newbie
Feb 25, 2008
18 posts
GTA

Advice on accident on Private Shopping Mall Property

Hey everyone, just need some advice.

My parents got into a fender bender yesterday at local shopping mall. A young driver hit the side of my parents car as she was making a right turn onto the main road from her parking spot. Security came and basically said that since it happend on shopping mall property, or otherwise known as Private Property, my parents are 50% to blame and 50% of the other drivers fault. It's clearly NOT my parents fault as both parties determined. But I find it unfair how since it was caused under "Private Property" it's now 50% of my parents fault? How unfair is that? I just wanted to get the opinion of any fellow RFD'ers here who experienced a similar incident?

If so, is there any protection from this 50/50 accident ruling? any help would be greatly appreciated.

Thanks so much.
13 replies
Deal Addict
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Sep 9, 2007
2209 posts
405 upvotes
but i believe that if there are independent witness that can state that the other person is completely at fault, they're not screwed by the 50/50 thing.

it's kinda silly that your folks would be half at fault, even if they're careful and drove properly.
Deal Fanatic
Dec 29, 2005
5557 posts
1270 upvotes
That's total B.S. The security guy is telling you the fault determination?

Insurance company has their own fault determination rules, which can be different from what the Police determine, never mind the security guy.

See:

http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

(assuming you are in Ontario)
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[OP]
Newbie
Feb 25, 2008
18 posts
GTA
It's a pretty frustrating situation. We had filed a police report too as my parents weren't allowed to get the other drivers D.O.B and Drivers License number from what mall security said. But the cop who helped us got the information for us. But putting that aside, im hoping there was video footage of the accident and witnesses. I completely forgot to ask as I was more concerned for my parents and made sure they were alright. In terms of insurance, they would actually still be considered "At fault" Under the 50/50 rule. But under CAA, there's a policy called "Forgive and forget" which downgrades the incident without raising insurance rates. But the incident is still on your record. Thanks again for the replies guys.
[OP]
Newbie
Feb 25, 2008
18 posts
GTA
Anonymouse wrote: Forget about the 50/50 thing. If car A is exiting a parking spot and hits car B, car A is 100% at fault. Google "ontario fault determination rules" and pattern match for what happened to your parents.

Thanks so much for the heads up on the Ontario Fault Determination Rules!
I will fwd this to my parents asap. :)
Deal Fanatic
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Jun 26, 2005
9999 posts
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Toronto
[quote="Ginja" post_id="8872653" time="1244475011" user_id="146108"]It's a pretty frustrating situation. We had filed a police report too as my parents weren't allowed to get the other drivers D.O.B and Drivers License number from what mall security said. QUOTE]

That is 100% false. Everyone has to show their info if requested by the person you hit or hit you. If they refuse, you are to call the police.

Mall Security guy is wacked. Go back and yell at his supervisor.
[OP]
Newbie
Feb 25, 2008
18 posts
GTA
rfdrfd wrote: I dragged my parents to the police station to file up the report. It was there where the officer called the other driver and got the missing info for us.
But the reason why they weren't able to get that info in the first place is because the accident happend on "Private property" Not fair at all.
Deal Addict
Feb 9, 2008
3159 posts
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rfdrfd wrote: Mall Security guy is wacked. Go back and yell at his supervisor.
I have to second this (without the yelling). Don't let this guy pretend to be the law, let alone the incorrect law.
Deal Fanatic
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Sep 6, 2002
8895 posts
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Vancouver
Private property accidents are not investigated by police and are generally, i'll fix mine, you fix yours.

However if the person leaves the scene without identifying themselves, they can be charged with fail to remain at the scene. There are 2 forms of this charge, one against the highway traffic act and one against the criminal code. Obviously the later is reserverd for serious incidents (ie hit and run with pedestrians). However since the HTA doesn't apply on private property, the CC charge is the only one that applies.

Good luck getting a cop to issue it, but technically its the only appropraite charge.
Autocorrect sucks
Deal Fanatic
Dec 29, 2005
5557 posts
1270 upvotes
HTA tickets cannot be issued if the accident occurred on private property.

However, that doesn't mean that fault determination does not take place for insurance purposes.

It is not 50/50 automatically.

I wish people would stop spreading this myth.

See the link I provided for Ontario fault determination rules.
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Deal Addict
Aug 1, 2008
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Ottawa
Anonymouse wrote: I think the HTA applies to any roadway that's accessible to the public. That would seem to include parking lots. Isn't that right?

No
Deal Fanatic
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Jun 26, 2005
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Toronto
[QUOTE=Ginja;8872880But the reason why they weren't able to get that info in the first place is because the accident happend on "Private property" Not fair at all.[/quote]

I think we all understand what you mean. I hope from now on, you realize there is no law (in Ontario) that allows someone (that hit you) to withhold contact information and insurance info from you.

Even if its private property.
Deal Addict
Aug 1, 2008
1554 posts
80 upvotes
Ottawa
Anonymouse wrote: You are right. Here is the case law:
http://www.canlii.org/eliisa/highlight. ... 11906.html
So just blast through those stop signs they seem to put up :o ....they're
un-enforceable.....but if you hit somebody the fault determination rules
will still apply i.e.

- hit another parked car ...you're 100% at-fault
- back into another car ....you're 100% at-fault
- 2 cars back into each other .... 50/50

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