View Full Version : bumped in a parking lot.
iconicrocket
12-20-2012, 11:03 PM
I bumped into a car in a mall. No damage that I could see, exchanged info. Should I report it?
peterm15
12-20-2012, 11:20 PM
I bumped into a car in a mall. No damage that I could see, exchanged info. Should I report it?
No. If you have them your number just make sure you pick up if they call. If not call it a day and be more careful.
No damage, no worries. Just follow up with them
S.F.W.
12-21-2012, 01:24 AM
If they end up saying their car has damage, remind them that accidents in a parking lot are automatically 50/50 fault, unless one party was reversing.
6strings
12-21-2012, 07:54 AM
yeah follow up.
similar thing happened many years ago, I had time on my hands, so I waited for a few minutes and explained to them. I was nice enough to buy them a car wash to see if there was any damage, luckily there wasn't. We shook hands, and we went our separate ways.
113GT
12-21-2012, 11:43 AM
If they end up saying their car has damage, remind them that accidents in a parking lot are automatically 50/50 fault, unless one party was reversing.
I don't get it, even if the other person is not even in their car and you cause damage, they are 50% responsible?
leungalv
12-25-2012, 04:38 PM
If they end up saying their car has damage, remind them that accidents in a parking lot are automatically 50/50 fault, unless one party was reversing.
According to the Ontario Fault Determination Rules, Regulation 668 under the Insurance Act s. 16 - 19 govern fault with regards to parking lots, though it doesn't mention whether gov't owned or private lots ... specifically, see s. 19 where "A" will be 100% at fault.
I know very little about Insurance law though ... I'm just assuming this applies
Genpu_Mz3
12-26-2012, 03:08 AM
no need to report anything under $900 i was told by a police officer at the station in kitchener/waterloo (where the sports complex is) he was pretty annoyed that the guy that backed into me reported it.
dave2010GT
12-26-2012, 07:33 AM
Trust me its 50-50 that's how the insurance and law sees it.
loosecannon
12-26-2012, 11:41 AM
I was at fault in a parking lot a few years ago with my dad's car. I was pulling out from a parking spot (I backed into my spot). I was parked between two SUVs so I slowly inched out so that people could see me. This kid flies by and clips my bumper, taking the entire front end off.
Called the police, he showed up and said it was 50/50. He also asked the kid how fast he was going cause if he was driving parking lot speeds, my bumper wouldn't have come off. Pretty sure was going at least 50.
The kid had to get a tow to the reporting Centre (my crash bar bent his control arm) and I drove there. We called our respective insurance companies and BAM. They tell me I'm at fault cause I went into his lane. I argued that the cop said 50/50 but they said the final decision is theirs.
I know, this is an extreme case of a parking lot accident, and shouldn't be compared to OP. I'm just saying that besides reversing, you can still get an at fault in a parking lot, determined by your insurance company.
50/50 is a common myth. if you back into a parked car you are at fault. if its 2 cars moving, insurance will use fault determination rules (doesn't matter what cop says). if it's unclear or there are no witnesses (get a dashcam, take pictures etc), then 50/50 would apply.
EDIT: don't forget "private property, HTA does not apply". so calling a cop is useless, unless it's a hit and run or fail to remain, which would fall under the criminal code.
peterm15
12-26-2012, 12:14 PM
50/50 is a common myth. if you back into a parked car you are at fault. if its 2 cars moving, insurance will use fault determination rules (doesn't matter what cop says). if it's unclear or there are no witnesses, then 50/50 would apply.
That's what cam wooly said the other day on cp24.
leungalv
12-26-2012, 02:35 PM
Y'know ... as I posted earlier ... there are clear examples of fault determination in parking lots under the Ontario Fault Determination Rules, Regulation 668 under the Insurance Act ... http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm
careful, they might attempt to milk you for being a good citizen
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