Fault determination Rules question

[gptt916]

Hi all,

As outlined in http://www.ontario.ca/laws/regulation/900668:
(1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (1).

When insurance companies determine fault, do they only look at the fact that automobile "A" is parked and was struck by "B"? Not taking into consideration of all other factors? That is, the car is legally parked, of course. I would like to not get into the details about "all other factors", as this case may be recognized by individuals that I know browse the forums.

I guess this question applies to all the other listings on the page, when determining fault, do they only look at strictly what is outlined in the act?

 

[Brian P]

Read the very next paragraph below the one you quoted.

I do not know why that very next paragraph only applies outside an urban area.

 

[gptt916]

Read the very next paragraph below the one you quoted.

I do not know why that very next paragraph only applies outside an urban area.

Read it, does not apply to my situation, car was parked legally within the listed areas.

Edit: Driver of parked vehicle was not in said vehicle.

 

[griff2]

Then what is the issue? You're asking for informed comment on what seems to be hidden inside a sealed black box.

 

[Brian P]

If you hit a legally parked car, it's your fault. I'm not sure what "all other factors" could possibly entail. The rule as written is pretty black and white.

 

[Two50noob]

If you hit a legally parked car, it's your fault. I'm not sure what "all other factors" could possibly entail. The rule as written is pretty black and white.

Yea pretty much this. OP what other factors do you consider that mitigate your fault in incident?

 

[gptt916]

Yea pretty much this. OP what other factors do you consider that mitigate your fault in incident?

To start, "You parked in my blind spot"

****ing what

 

[Two50noob]

To start, "You parked in my blind spot"

****ing what

Im not following ...i don't think i understand how someone can park in your blind spot

Explain the situation perhaps a diagram.

 

[Rob MacLennan]

There can be virtually no mitigating factors to an incident in which a legally parked vehicle, with no driver in it, is struck by a moving vehicle. It's like hitting a lamp post; a fixed object is incapable of taking evasive action. It's a stationary object and a driver is responsible for being aware of his surroundings.