How to Handle Parking Lot Accidents in Toronto: A Driver's Guide

Naresh Misir

Jul 14, 20243 min read

Understand fault, legal obligations, and insurance steps for parking lot accidents in Ontario.

Navigating the aftermath of a parking lot accident can be confusing and stressful. Whether it's determining fault, understanding legal obligations, or dealing with insurance claims, drivers in Toronto need clear and concise information to handle these situations effectively. This guide aims to provide all the essential details you need to manage a parking lot accident in Ontario confidently.

Understanding Fault in Parking Lot Accidents

One of the most common misconceptions about parking lot accidents is the so-called 50/50 rule, where both drivers are assumed to be equally at fault. This is generally not true. Fault in parking lot accidents is determined similarly to other road accidents, based on the specifics of each case.

Scenarios of Fault Determination:

Hitting a Legally Parked Car: The driver hitting the parked car is usually at fault.
Being Hit While Parked Illegally: If your vehicle is parked illegally, you may be at fault or share fault.
Collisions at Intersections Within Parking Lots: Determined by who had the right of way, similar to road intersections.
Backing Out of a Space: Often, the driver backing out is at fault unless the other driver was speeding or not following parking lot rules.

Examples:

A driver backing out of a parking space hits another car driving through the lane. The driver backing out is typically found at fault.

A car hits another vehicle parked across two spaces, the illegally parked car may share some fault.

Legal Obligations After a Parking Lot Accident

Knowing your legal responsibilities can save you from additional trouble post-accident.

Here's what you need to know:

Reporting to the Police:

Injury or Death: Must be reported immediately.
Significant Damage: If the combined damage exceeds $2,000, you must report it to the police.
Private Property Accidents: Some private lots may have specific rules, but generally, police involvement is required as above.

Immediate Steps to Take:

Ensure Safety: Move to a safe location if possible.
Call Emergency Services: If there are injuries or significant damage.
Exchange Information: Get the other driver’s contact and insurance details.
Document the Scene: Take photos and note down witness information.

Insurance Coverage for Parking Lot Accidents

Parking lot accidents are treated by insurance companies similarly to road accidents. Here’s how to navigate the insurance process:

Filing a Claim:

Gather Information: Collect photos of the scene, damage, and any witness statements.
Notify Your Insurer: Report the accident as soon as possible.
Provide Evidence: Submit all collected evidence to support your claim.

What to Expect:

Your insurer will investigate the claim, determine fault, and cover damages based on your policy.

If you are found at fault, your insurance may cover the other driver’s damages under liability coverage.

Immediate Steps to Take Post-Accident

Knowing what to do immediately after an accident can help protect your rights and simplify the claims process.

Step-by-Step Guide:

Safety First: Check for injuries and move to a safe area.
Document Everything: Take photos of all involved vehicles, license plates, and the overall scene.
Exchange Information: Swap names, contact details, and insurance information with the other driver.
Look for Witnesses: Ask passersby if they saw the accident and would be willing to provide a statement.
Report the Accident: Notify the police if required and your insurance company.

Dos and Don'ts:

Do: Stay calm and be polite.
Don't: Admit fault or discuss details beyond basic information exchange.

Frequently Asked Questions

Are parking lot accidents no fault in Ontario?

No, fault is determined based on the specifics of the accident, similar to other road accidents.

Do insurance companies cover parking lot accidents?

Yes, they handle them like other accidents. Ensure you gather all necessary details and report promptly.

What should I do if someone hits my parked car and leaves?

Report it to the police and your insurance company, providing as much detail and evidence as possible.

Conclusion

Parking lot accidents can be complicated, but knowing how to handle them can make the process smoother. By understanding fault determination, fulfilling legal obligations, managing insurance claims effectively, and taking immediate proper steps post-accident, you can protect your rights and minimize stress.

Take Action

If you have been involved in a parking lot accident and need further assistance, contact our office for a consultation. We're here to help you navigate the complexities and ensure you get the support you need.