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wtom
08-31-2007, 12:31 AM
Hey All,

Was chatting with a friend about "what if an accident occured in a private parking lot" and tried searching Google for the fault determination. Got a mixed bag of answers - good ol' Internet.

Is it really 50/50?

Ontario of course and assuming both drivers reported.

MajesticBlueNTO
08-31-2007, 01:10 AM
from the Insurance Fault Determination Rules for Ontario



Rules for Automobiles in Parking Lots
16. (1) This section applies with respect to incidents in parking lots. R.R.O. 1990, Reg. 668, s. 16 (1).
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road. R.R.O. 1990, Reg. 668, s. 16 (2).
(3) If automobile "A" is leaving a feeder lane and fails to yield the right of way to automobile "B" on a thoroughfare, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (3).
(4) If automobile "A" is leaving a parking space and fails to yield the right of way to automobile "B" on a feeder lane or a thoroughfare, the driver of automobile "A" is 100 per cent at fault and the driver of automobile "B" is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (4).
(5) In this section,
"feeder lane" means a road in a parking lot other than a thoroughfare;
"thoroughfare" means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).

Skarbro
08-31-2007, 05:21 AM
Ontario Fault Determination Rules (http://www.canlii.org/on/laws/regu/1990r.668/20070813/whole.html)

wtom
08-31-2007, 05:57 PM
Thanks guys!