parking lot accident on feeder lane

Feb 12th, 2020 8:48 pm

#1

canred [OP]: Newbie; Feb 11, 2020; 5 posts; 1 upvote

Feb 12th, 2020 8:48 pm

I had an accident in parking lot 3 weeks ago. i was on feeder lane and waiting to let cars from opposite direction to pass , before turning left to park. While I was waiting on feeder lane, the driver from my right backed out of parking space and hit my passenger side. Will this be 50/50 fault? He is saying it 50/50 and ignoring to fix my car. I checked with different body shops and damage is about $ 1000 to $ 1500. Should I report to insurance?
My car is more than 12 years old.

Feb 12th, 2020 10:57 pm

#2

TrevorK: Deal Expert; Aug 2, 2001; 18119 posts; 9175 upvotes

Feb 12th, 2020 10:57 pm

The person who is backing up will almost always be at fault for hitting a stationary car or a car in motion. The "always 50-50 in a parking lot" is a myth.

File a police report - if your damage is $1000-1500 then you likely meet the threshold for your province. Then contact your insurance company and go through there. Your rates will not rise as you are not deemed at fault.

+2

Feb 12th, 2020 11:20 pm

#3

derass: Deal Addict; Sep 8, 2017; 4634 posts; 4891 upvotes; GTA

Feb 12th, 2020 11:20 pm

The person reversing is entirely at fault.

Go to the collision centre, and file a claim.

I hope you got the other driver's information.

+1

Feb 12th, 2020 11:35 pm

#4

canred [OP]: Newbie; Feb 11, 2020; 5 posts; 1 upvote

Feb 12th, 2020 11:35 pm

I have other driver info and taken photos. It was rainy day.
But now that drivers is saying, " he will lie to insurance .and it is always 50/50. "
That is what worries me. And if insurance can write off my car.

Feb 12th, 2020 11:40 pm

#5

canred [OP]: Newbie; Feb 11, 2020; 5 posts; 1 upvote

Feb 12th, 2020 11:40 pm

TrevorK wrote: ↑ The person who is backing up will almost always be at fault for hitting a stationary car or a car in motion. The "always 50-50 in a parking lot" is a myth.

File a police report - if your damage is $1000-1500 then you likely meet the threshold for your province. Then contact your insurance company and go through there. Your rates will not rise as you are not deemed at fault.

Thanks.
In Ontario limit is $2000. I went to police and it is unreportable accident. They did not do report.

Feb 13th, 2020 6:26 am

#6

Engi-Nir: Deal Addict; Nov 27, 2007; 3669 posts; 807 upvotes

Feb 13th, 2020 6:26 am

Since you have the pictures, the damage will be obvious they backed into you... go through your insurance.. 50/50 as people said is a myth unless you don’t have proof and damage is not obvious

Feb 13th, 2020 7:00 am

#7

Swerny: Deal Expert; Oct 5, 2008; 17007 posts; 12408 upvotes; Toronto

Feb 13th, 2020 7:00 am

The others are correct.

Third party is 100% at fault as he’s backing up.

Unless he lies by saying you drove into him sideways, he’s screwed

+3

Feb 13th, 2020 7:51 am

#8

kooroshkabir: Deal Addict; Dec 16, 2008; 1087 posts; 487 upvotes; Richmond Hill

Feb 13th, 2020 7:51 am

Engi-Nir wrote: ↑ Since you have the pictures, the damage will be obvious they backed into you... go through your insurance.. 50/50 as people said is a myth unless you don’t have proof and damage is not obvious

Or OP hit him on the rear side. Hope OP has dash cam or there are camera around.

+1

Feb 13th, 2020 8:35 am

#9

Ecsta: Deal Addict; Jan 17, 2009; 4130 posts; 4355 upvotes; Toronto, Ontario

Feb 13th, 2020 8:35 am

Can't do anything if he's willing to lie through his teeth and you have no proof.. Get a dashcam.

Feb 13th, 2020 1:28 pm

#10

kenchau: Deal Guru; Apr 11, 2006; 11404 posts; 5766 upvotes; Vaughan

Feb 13th, 2020 1:28 pm

OP, assuming you have photos of the scene (i.e. the other person's vehicle partially out of parking spot and hitting your vehicle, there is nothing to worry about whether they want to lie or not.

You should contact them and say if he wants to lie and commit insurance fraud and then get cancelled and have no insurance company offer to insure him, then go right ahead. Say you recorded the previous call and will report to his insurance company.

+1

Feb 13th, 2020 1:30 pm

#11

UrbanPoet: Deal Expert; Jan 27, 2004; 50524 posts; 14875 upvotes; ONTARIO

Feb 13th, 2020 1:30 pm

Engi-Nir wrote: ↑ Since you have the pictures, the damage will be obvious they backed into you... go through your insurance.. 50/50 as people said is a myth unless you don’t have proof and damage is not obvious

What if he says “he rear ended me. That damage on his car was from a previous accident”?

All my threads are upvote parties! All positive vibe post get upvotes.

Feb 13th, 2020 6:29 pm

#12

chimaican: Deal Expert; Oct 23, 2008; 17287 posts; 15088 upvotes; GTA, ON

Feb 13th, 2020 6:29 pm

kooroshkabir wrote: ↑ Or OP hit him on the rear side. Hope OP has dash cam or there are camera around.

Depends on where the damage is. If OPs damage is on either of the doors, and not quarter panel, then other party is lying. OPs car can't drive sideways.

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

+2

Feb 13th, 2020 8:51 pm

#13

canred [OP]: Newbie; Feb 11, 2020; 5 posts; 1 upvote

Feb 13th, 2020 8:51 pm

chimaican wrote: ↑ Depends on where the damage is. If OPs damage is on either of the doors, and not quarter panel, then other party is lying. OPs car can't drive sideways.

Thanks,
it hit on the fender of the passenger side wheel.

Feb 13th, 2020 8:52 pm

#14

chimaican: Deal Expert; Oct 23, 2008; 17287 posts; 15088 upvotes; GTA, ON

Feb 13th, 2020 8:52 pm

canred wrote: ↑ Thanks,
it hit on the fender of the passenger side wheel.

Hope you got a dash cam.

Tis banana is IRIE 😎

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!

Feb 13th, 2020 8:58 pm

#15

canred [OP]: Newbie; Feb 11, 2020; 5 posts; 1 upvote

Feb 13th, 2020 8:58 pm

Thanks,
After hitting my car he moved his car forward in the parking space. In photos his car does not seem partially out of parking spot.

Feb 13th, 2020 9:04 pm

#16

blexann: Deal Guru; Mar 10, 2005; 11178 posts; 4438 upvotes

Feb 13th, 2020 9:04 pm

OP if you took those pictures immediately after the accident and before moving your vehicle then should be good otherwise a little tricky with your word against his.

...just saw your post above...if it clearly shows the other car in a spot and your in the feeder still might be ok just tell your insurance he drove back in after hitting me

"If you want to improve, be content to be thought foolish and stupid." - Epictetus

Feb 13th, 2020 10:24 pm

#17

WMPCOT: Deal Addict; Apr 26, 2013; 4015 posts; 3880 upvotes; Toronto

Feb 13th, 2020 10:24 pm

This is why I record all calls when I'm in a situation like this, would have caught him right then and there I would have let him lie then provide my insurance with the recording. You can still try to get it over a phone call or text.

You could bluff like someone mentioned he is willing to commit insurance fraud your lie is just calling his bluff.

I think you're in a safe position even if you were in motion it sounds like the damage is in an area that will reflect the truth.

Feb 13th, 2020 10:40 pm

#18

hierophant: Deal Fanatic; Feb 4, 2010; 6701 posts; 6295 upvotes

Feb 13th, 2020 10:40 pm

There might be security cameras in the parking lot - check with the management company.

I would also considering calling him again, record the conversation and get him to say he'd like. Perhaps also text/email - he might be dumb enough to say it writing.

Feb 14th, 2020 1:42 am

#19

spike1128: Deal Guru; Oct 7, 2010; 13466 posts; 4363 upvotes

Feb 14th, 2020 1:42 am

If you have a photo of his damage and your photo. No way that you hit him. Obviously. Take the guy to the cleaners and make him pay. Hate these careless people who think they do no wrong and lie.

Feb 14th, 2020 11:37 pm

#20

gabe3366: Member; Apr 28, 2013; 327 posts; 204 upvotes; Toronto

Feb 14th, 2020 11:37 pm

Just call your insurance, you won't be at fault. They likely won't even care about the other drivers information.