Automotive

If 2 cars are backing out of parking spot and hit each other. Who is At fault more?

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Dec 10, 2004
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If 2 cars are backing out of parking spot and hit each other. Who is At fault more?

Say you 2 of you started to back out of your parking spots at the same time out of a parking spot and hit each other rear bumper to bumper. Does anyone have knowledge or experience when 1 driver is made 100% at fault instead of sharing 50/50? Usually in these circumstances, it's 50/50, but perhaps something can lead to one driver to become 100% at fault?
Maybe backing out too fast? Or backing out too far, past the middle?
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Jan 8, 2006
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My guess is the car that hit the other car, unless it was at exact same time then probably 50/50. I would guess most cases would probably be determined 50/50
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May 4, 2014
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If one of the cars is a beige corolla, that car is automatically deemed free of fault.
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And if the other car is a BMW, that driver is also not at fault, because he's a lawyer and he knows more than you do about the law.

Anyway, this is almost always going to wind up listed as 50/50. Most parking lot accidents are classified as 50/50 unless there's a 3rd party witness.
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Aug 29, 2006
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Mostly 50/50 unless one noticed the other backing out first, honked, put back into P/D, still got hit and there was a witness of the whole thing.
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Deal Expert
Aug 2, 2001
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I think it would typically be 50-50 - the automobile reversing into the lane is always at fault, so if both vehicles were actively reversing into the lane it seems likely they would share fault. The fault determination rules do not cover this specific scenario, for some reason I thought they did:
https://www.ontario.ca/laws/regulation/900668

It is not 50-50 because of the silly parking lot / private property myth. You cannot just hit vehicles on private property and claim "50-50 buddy" as you drive away.
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Jan 7, 2007
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I would think the one that is further out of their spot will be least liable. No?
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May 30, 2012
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what if there was a third car backing out at the same time, and they all hit each other on the rear?
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Mar 31, 2008
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It's 50/50. Unless of course there was reckless behaviour by someone, then it's up in the air. But generally, it is 50/50. Similar happened to my dad, though the other guy didn't follow-up. My sister's friend who works for a insurance company said it's 50/50 usually.
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iownyou wrote: what if there was a third car backing out at the same time, and they all hit each other on the rear?
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Feb 6, 2011
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whoever is at fault, both need backup alarms and cameras, since they can't seem to backup
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Jan 25, 2011
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Wouldn't happen and there would be less accidents if everyone was reversing into their parking spot.
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The rare automotive thought experiment
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ToNIX wrote: Wouldn't happen and there would be less accidents if everyone was reversing into their parking spot.
You do realize the same people who get into accidents reversing OUT of their stalls would get into accidents reversing INTO their stalls? Or are they magically that much better at reversing when it is pulling into a stall?

Hitting a car while reversing is almost always due to driver error, it would be stupid to think those drivers would not make the same sort of errors when reversing while pulling into the stall.
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Happened to me while wife was driving. I got out we both looked at each other vehicles. Have a nice day.
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TrevorK wrote: You do realize the same people who get into accidents reversing OUT of their stalls would get into accidents reversing INTO their stalls? Or are they magically that much better at reversing when it is pulling into a stall?

Hitting a car while reversing is almost always due to driver error, it would be stupid to think those drivers would not make the same sort of errors when reversing while pulling into the stall.
You do realize reversing into a parking spot is safer, right? When you arrive, you have a clear view of everything in sight and you start reverse into the spot 1-2 seconds after. When you leave, you have a clear view of everything in sight, since it's in front of you. You will have to reverse anyways, so why not do it now?

Now, if you reverse to get out of a parking spot, there's a much more larger delay between seeing what's behind your car, getting in your car and actually reversing...
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ToNIX wrote: You do realize reversing into a parking spot is safer, right? When you arrive, you have a clear view of everything in sight and you start reverse into the spot 1-2 seconds after. When you leave, you have a clear view of everything in sight, since it's in front of you. You will have to reverse anyways, so why not do it now?

Now, if you reverse to get out of a parking spot, there's a much more larger delay between seeing what's behind your car, getting in your car and actually reversing...
You do realize that if everyone drove properly reversing out of a parking stall is not a problem?

Driver error causes accidents. And drivers will still make errors reversing into a stall because they would be paying just as little attention reversing into a stall as they would getting out. Reversing into the stalls does not solve the problem of parking lot accidents, it's just shifting the danger to getting into the stall from getting out of the stall. And of course, increasing different elements of danger such as people backing into a stall and hitting the car behind them (harder to judge distance for the rear of your vehicle when you don't have a backup camera).


You can't have it both ways. The same driver that does not pay attention when reversing out of a stall will pay just as little attention reversing in. If you could remove the driver error then you'd have a great solution, but you are not addressing that and that is what is causing the low speed collisions.

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