Brampton personal injury lawyers know from experience that a large number of accidents that occur in parking lots go unreported. A great number of them are considered “fender benders” and the damage sustained to vehicles could be minor, and people are not often injured. However, in some cases, parking lot accidents can be fatal.

There are many assumptions and misconceptions regarding driving rules in parking lots and in establishing responsibility and liability. Many people fail to report such accidents because of the “hassle” involved in the process. They may settle matters between themselves and not report the incident to their insurers. This is a risky proposition, because:

• Standard rules require reporting to the police of injuries, destruction of public property and damage in excess of $1000
• It’s not possible to force another driver to pay for damages to your vehicle in a parking lot accident
• Unless you report the accident to your insurers, the other party need not pay you anything
• If the other driver decides to report to his/her insurance company, while you did not, your insurance company will be informed anyway
• Your insurance rates could go up if it is determined that you were wholly/partly at fault
• Even if no injuries seem apparent, some issues like whiplash injury may become apparent later

There is a prevailing assumption that there’s a rule of 50-50 in parking lot accidents. However, this is far from reality. Though no tickets are issued by the police in parking lot accidents, responsibility can be fixed completely on one driver based on the circumstances of the case. 

Whose Fault ?

Certain basic rules have to be followed while driving, entering and exiting in parking lots. Insurance companies who make the settlement payouts use the Fault Determination rules which are framed under the provincial Insurance Act. These rules help to establish liability in such cases.

• Right of way: The driver traveling in the main passage has right of way over those in smaller or feeder lanes. Drivers who fail to yield to those in the main passage are held 100% responsible for an accident.
• Exiting Safely: Drivers who are exiting, reversing or moving out need to yield right of way to those who are passing in the main passage.
• Backing and hitting a parked car: Drivers hitting a parked car while backing out are liable.
• Legally parked cars: Hitting or opening the door and damaging such cars makes you liable
• Both cars exiting together: If they hit each other, both may be at fault

There may be several other conditions and regulations that are used to determine fault in parking lot accidents.

It’s best to follow standard procedure and report the incident to your insurance company. Make a note of time, date and location of the accident. Take photos of the damage and the exact position of the cars. Exchange contact details and vehicle details with the other party.

Get in touch with an experienced Brampton car accident lawyer  with experience in dealing with such cases, in case there is a dispute. This will ensure that your rights are protected while your claim is being processed.