What Happens if You’re in a Parking Lot Accident?

Unfortunately, parking lot accidents can and do happen from time to time.   It’s important to realize that they can affect your car insurance premiums just as much as any other accident.   Parking lot accidents tend to be reported less since frequently since they are usually relatively minor incidents, but they can be every bit as significant to your driving and insurance records.

Who’s at fault?

Sometimes it can be difficult to determine who is at fault in a parking lot accident, since the rules of the lot are not as well known as the rules of the road.   In addition, if there are no witnesses it often comes down to one driver’s word against the other.   Here are some rules to help you determine who is at fault in a parking lot accident.

1.       Drivers in a thoroughfare (a lane that directly exits onto a road or highway) have the right of way over a driver in a feeder lane.

A feeder lane is a lane in a parking lot that does not directly exit onto a road or highway, such as the lane between two rows of parked cars.   So, for example, if you were in a feeder lane turning into the lane that leads directly to the parking lot exit, you must wait for any traffic in that lane to pass before turning.

2.       Drivers leaving a parking space must yield to any other oncoming traffic.

You must wait for all traffic to pass before pulling out of your parking spot.

3.       If you are driving your vehicle, you are automatically at fault if you collide with a legally parked car.

No matter the circumstance, if you hit a legally parked vehicle, you are at fault.   On the other hand, if the car is parked illegally, the driver of that car could be at fault.

4.       You must follow all signs in the parking lot.

You are automatically at fault if you are in an accident as a result of failing to follow the directions of a traffic sign in the parking lot such as a stop or yield sign, or if you fail to follow the directions of a police officer.

5.       If you hit the open door of a car, the driver who opened the door is at fault.

It is the responsibility of the person opening a car door to ensure that there is no traffic approaching before they do so.

What should you do after a parking lot accident?

A parking lot accident should be handled the same as any other accident.   Any accident with over $1,000 in damage should still be reported to the police.

Some people choose to pay for the accident out of their pocket without informing their insurance company, but this approach can backfire.   Your insurance company is within their right to cancel your insurance policy if you fail to report an accident.   In addition, if you have a cancelled policy on your record, it makes it much more difficult to find affordable insurance at another company.   It’s better to be safe than sorry.

Most of the same rules about what you should do in the event of an accident on the road are still good guidelines to govern yourself if you are involved in a parking lot accident

1.       Move your vehicle out of the way of traffic if you are able and it is safe to do so.

Pull over to a less trafficked area if you can, being careful to watch for oncoming traffic.

2.       Make sure that no one in your vehicle is injured.

If there are any medical emergencies, you need to deal with these as quickly as possible.   If anyone is unconscious, call 911 immediately.

3.       If you feel it is safe to do so, approach the other driver to see if they are ok.

Use your judgement to determine if it seems safe to approach the other driver.   Ask if they require any medical assistance.

4.       Report the accident to the police if the damage is over $1000.

Most significant accidents will result in over $1000 in damage. If you’re in doubt, call the police (non-emergency number) and ask for instructions.

5.       Get as much information as you can.

Your auto insurance company will need to know the time, date, and location of the accident, as well as the make and model of the other driver’s car.   Get as much contact information as you can from the other driver, including their insurance company and policy number, along with their name, address, phone number and email address if possible.   If there are witnesses, get as much contact information from them as well.

6.       Call your insurance company to report the accident.

Your insurance company needs to know about the accident as soon as possible.   They can help with the arrangements to get your car repaired and start your claim started as soon as possible to get you the assistance you need.

Following the rules of the road (and parking lots!) is the first step in avoiding parking lot accidents.   If an accident does occur, make sure that you follow the correct steps in notifying the police and your car insurance company.   This allows you to get the matter settled as quickly and efficiently as possible and get back to your life.

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  • Rachel Valdivia

    I have a question. I hit a sign that was sticking out to the parking lot from like 20 inches out. It was metal and it was vertically and at around 6 ft height. Was this sign legal? I broke my back window since I was backing off. Or I was not supposed to back off?

  • Nick – InsuranceHotline.com

    Hello,

    You’re best to speak with a City official for the signage rules.

  • nick

    a lady hit the right corner of my pickup as i was getting out of my truck and she hit the two passanger doors off the right corner of my truck. my truck was off and in park. she insists i was at fault but my veihicle was not on or in gear. how will the insurance company deal with this issue?

  • Nick – InsuranceHotline.com

    Hello Nick,

    You are best to discuss this with your insurance broker. They know the insurance company you are insured with and can answer this question.

  • DS

    In my subdivision of townhouses (Richmond Hill, Ontario), I backed out of my parking space and hit a car that was parked on the street (illegally. fire route, no parking zone). The driver was not in the car, but was at his door and saw it. The car was there before I got into my car, but for some unfortunate reason didn’t see it while backing up. The damage was very minimal (hardly anything on my car. and a few scratches and very minor fender dislodgement on his car). We exchanged information. Am I at fault? Do I need to pay for any damages to his car? Who should I contact to get credible legal information pertaining to laws of the town?
    Thank you.

  • Nick – InsuranceHotline.com

    Hello DS,

    Fault determination is based on rules as set out in the Insurance Act. Check the rules here: http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf.

    Thank you.

  • fereshteh

    Hi,
    I had an accident about 2 month a go in our company parking lot with a parked car.Her car is SUV and she had parked her car in the COMPACT AREA.at that time I put my information on her car after about 2 mont she came back to me with a 1000 $ bill(in fact there was just minor scratched on bumper)
    Am I at fault?after two month is it possible to go to the insurance?

  • Nick – InsuranceHotline.com

    Hello,

    You can make a claim after 2 months. If you live in Ontario, the driver of the SUV may have to go to her own insurance company in order to have her repair made.

    Thank you

  • stella

    I am in NB and it happened yesterday night.
    I parked the car in my apartment’s parking lot. Then back to my apartment. In the evening, my landlord hit my car when he use snow removal. My car has big damage , the lost absolutely more than 1000 dollars. My landlord admit it is his fault. But he said I should wait when he boss come back, then we can talk how to pay my lost.
    I don’t know how to do now. should I call the police or wait for his boss?
    By the way, I want to sell my car in the future, this accident will influence my price. Can i ask for pay my loss?

  • Nick – InsuranceHotline.com

    Hello Stella,

    You may want to consider reporting the accident with a collision reporting centre or the local police – to ensure there is a record of the accident.

  • Mary

    Hello,

    I got into an accident last Saturday. I was in the feeder lane going to turn left, I saw the car (in the thoroughfare lane) but she was far away. I proceeded to turn and she hit my back driver wheel. As I was reading your article it seems like it was my fault, but didn’t she have to yield? Due to the damage of my car it seems like she was speeding, my whole wheel is bent in. I have a employee that saw the whole thing. I called her insurance and reported it. The witness was in my favor saying that she was going way to fast and wasn’t paying attention. Now the driver says that I pulled out in front of her. If I pulled out in front of her wouldn’t my front end of the car be damgaged?

  • chris

    hello. i bumped into a vehicle while backing out a spot. i was basically inching out extremely slowly because a large suv was blocking my view to get a view. i was less than half way out and nudged a car that was trying to park next to me. zero damage to me, a scuff smaller than a dime for her. she reported it to police for some reason. is it likely that my rates will go up?

  • Erica

    I was in a similar situation as number 5 above, however it was not the drivers door that opened but the back passenger door that was opened. Would the person who opened the door still be at fault?

  • Jon H.

    hey i was just hit in a parking lot. I was moving on a main artery and the driver darted out with out a side lane with out stopping at all, causing damage to my front tire and possibly steering. I have a police report and a witness, but it was on mall property. What are my options?

  • Nick – InsuranceHotline.com

    Hi Chris,

    It depends on the insurance company; as each insurance company is different. Also, if you purchased accident forgiveness coverage, then you will be covered for your first at-fault accident.

  • Nick – InsuranceHotline.com

    Hi Jon,

    Your options are to go through your insurance company and submit a claim, or settle outside of insurance. However, your insurance policy states that you are required to report all accidents, regardless of the amount of damage.

  • Nick – InsuranceHotline.com

    Hi Mary,

    Your insurance company will send out an adjuster to view the damage to the vehicle. Explain the situation with the claims department and your insurance company will be able to help you out and determine fault.

  • Nick – InsuranceHotline.com

    Hi Erica,

    It will likely be the person who opened the door (or the vehicle owner) who is at-fault; however, please check with your insurance company.

  • InsuranceHotline

    Hi Wayne,

    In a parking lot accident, moving vehicles are typically found at fault; however, you will need to speak with your insurance company who will determine fault.

    Good luck.

  • InsuranceHotline

    Hi Braxtro,

    Based on the information provided, it sounds like you were at-fault. Check with your insurance professional for advice.

  • concerned

    I was backing up to get a parking space and a driver not paying attention ran into the back of me am i at fault

  • InsuranceHotline

    Hello concerned,

    Typically, the driver who rear-ends a vehicle is at-fault; however in a parking lot accident, it can get tricky.

    Please speak with your insurance professional (broker/agent) who will be able to review the details of your accident.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Dear Stressing Out,

    There are many variables here that insurance companies will take into consideration. Please speak to your insurance professional (broker/agent) to start the investigation process.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Curious,

    Thank you for your question. Please review the IBC’s fault determination rules here http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    If you feel you wish to dispute a fault determination, you can contact the General Insurance Ombudsman services at http://www.giocanada.org/

    I hope this helps!

  • InsuranceHotline

    Hello,

    That’s unfortunate. It is best to speak with your insurance representative, who will determine fault.

  • Alanea

    I was just Ina parking lot accident. To me it seems a 50/50 situation. We we backing out of diagonal spaces going opposite directions and the collision point was corner to corner. We met in the middle of lane. My bumper on my little Honda crv flexed with no damage but his Cadillac bumper did not fare so well. To top it off this guy is a friggin lawyer. We share the same insurance agent and because it was on private property police wouldn’t do anything but tell us to exchange info. Since we met in the center of the aisle, we were both backing out, and it was corner to corner damage, the police said it would probably be consider both at fault or none at fault. How does this usually work?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello Alanea,

    Parking lot accidents consider many variables. Speak to your insurance claims adjuster – as they will be the ones determining fault. If you would like to read up on the Insurance Bureau of Canada’s guide for fault determination, its always a good thing to check out. Here is the link http://www.ibc.ca/en/car_insurance/documents/brochure/on-fault-determination-rules.pdf

    Good luck!