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Parking lot incident
- Thread starter UJelly
- Start date
As fault assessment is based on the insurance rules of fault determination it doesn't matter if it happens on the street, or in a parking lot. Fault is determined in exactly the same way.
ABadjusterrider_5
Well-known member
Most parking lot accidents are deemed 50/50. Unless your co-workers vehicle was parked and the third party struck your co-workers parked vehicle.
TorontoBoy
Well-known member
Untrue, as Rob has already stated, and as my wife found out. There are specific insurance fault determination rules for parking lots, codified into the Ontario Insurance Law:
[QUOTE="Ontario, Insurance Act, R.R.O. 1990, REGULATION 668, FAULT DETERMINATION RULES, Section 16]
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).
[/QUOTE]
Yes very untrue. I was involved in a moving incident this year and the other party was deemed 100% at fault.
My agent told me parking lot/private property incidences are 50/50, unless someone admits 100% fault.
Someone backed into my car while at a Tim's (he was too busy eating, not watching). He admitted he wasn't paying attention to his insurance company and I was deemed not at fault, and all repairs were paid for, no deductable paid. When I got my bike insured my agent asked if I had any accidents and I said no, as HE had an accident, I didn't. Anyway, she said she sees the claim on my record but I'm NAF for it and it didn't affect my premium at all.
Someone backed into my car while at a Tim's (he was too busy eating, not watching). He admitted he wasn't paying attention to his insurance company and I was deemed not at fault, and all repairs were paid for, no deductable paid. When I got my bike insured my agent asked if I had any accidents and I said no, as HE had an accident, I didn't. Anyway, she said she sees the claim on my record but I'm NAF for it and it didn't affect my premium at all.
You don't need an admission of fault. A witness might be useful, but often the nature of damage will help determine fault.
Thats one of the most misinformed post I have seen in awhile.
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