Greg dispels a common myth about parking lot accidents and covers who is at-fault for different situations in this episode of Ask The Expert. 800 CHAB radio presents Ask the Expert with Greg Marcyniuk of Heritage Insurance located in Moose Jaw.
Here's a full transcript of the episode.
Rob Carnie: You know they take the hassle out of buying insurance guaranteed, at Heritage Insurance, they review your coverages regularly to provide you with the best coverage for your insurance dollar guaranteed. And it's Greg Marcyniuk from Heritage Insurance on Ask the Expert today. And, Greg, we've told our listeners over the course of the past several weeks that you're throwing questions out to the masses and asking people what their insurance questions are.
And today, we're focused on one of those specific questions: parking lot accidents and who's at fault and you've got the answers.
Greg Marcyniuk: That's right, Rob. A common myth out there with parking lot accidents is that, you know, it's a 50-50 rule. But this misconception states that if two cars are involved in any sort of accident whatsoever, both drivers will be equally at fault. This is a myth and it is not true. In fact, parking lot accidents are treated exactly the same way as any other accident would be.
And just like all other accidents, statements will be taken, damages will be considered, and fault would be determined based on the specifics of the individual situation. So what are common types of parking lot accidents? And unfortunately, there are many different types of accidents that can happen.
But here's the four most common and how fault is generally determined in each of these situations. You're driving along and you hit a parked car. In most situations, when you hit another vehicle that is stationary and legally parked, you are 100% at fault.
This includes scenarios like opening your door and hitting the door of a parked car, or backing out of a space and hitting the car in the space opposite from you. These types are accidents that are most frequent kind of parking lot accidents. Two cars are leaving the parking, these two vehicles will get into an accident pulling out, reversing out of their respective parking spots.
And both of these drivers will share the fault equally, 50-50. The other one is if you hit another moving car while you're leaving a parking spot, and when you're leaving a parking spot, you must yield to all oncoming traffic as they have the right of way.
So, you are responsible to ensure that it's safe for you to leave your spot, whether you're going forward or backwards. So, most situations default will likely fall on you 100%. The other one that I was quite surprised after doing some research, two cars competing for a parking space collide. As both drivers are... meaning they will both have some level of fault in this accident.
However, that fault will be not fully evenly, as both parties in situation like this. Different factors will be considered to be determined. So, again, just courteous, probably just to let that guy and then you don't have to worry. And, again, the other question was, what do I do after a parking lot accident?
And, again, parking lot accidents should be handled the same way that you would handle any other accident. And remember this, that a hit and run is illegal. So best if you hit a vehicle, stop and leave a note because if somebody sees you, not only will you be deemed at fault, you'll also be charged for leaving the scene of an accident.
Rob: Sure. Now, what if I get into a parking lot accident, Greg, what do I do? Get the information from the other driver and take photos, right?
Greg: That is the best advice that one can give is just to get all the information.
Rob: And if we'd like to review the information you've just delivered to us, we can do it on your website?
Greg: That's correct, nohassleinsurance.ca, or please give us a call here, or come in and see any of our fine brokers here at the corner in Fairford and 1st Northwest.
(Video transcription by Speechpad)