Parking Lot Incident

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inbini
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Parking Lot Incident

Unread post by inbini on

So after dinner at a restaurant, I backed out of a parking lot and bumped into a bike that was parked along the curb. Immediately, the owner of the bike came of out a convenience store and asked for my info. I thought it was my fault since the bike was parked. He asked me for my phone number, name and the drivers license #.

I checked the ontario insurance act and it states, "If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident."

So I am thinking the bike was illegally parked and he is at fault. Any suggestions?

Also, he did not take my insurance info. Can he actually do anything with only the info he has?

These parking lot incidents are confusing but the act clarifies different situations.

Thanks guys!!


viper1
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Unread post by viper1 on

Was the restaurant in the hills?

If you hit a parked vehicle it is your fault.
His collision coverage will pay for his damage /no-fault/

My guess is he just straightened out whatever was bent no worries.

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use at your own risk"


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hwybear
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Unread post by hwybear on

For clarification to others it is not the Ontario Insurance Act as that does not exist. It is the "Insurance Act".

The Act you mention is used ONLY by Insurance companies to determine fault.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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Unread post by Radar Identified on

The "illegally parked" is only if it occurs on a public road (highway) outside of a city, town or village. There are separate rules for parking lots - which, unfortunately, would place you at fault.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Simon Borys
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Unread post by Simon Borys on

Remember not to confuse the issues of "fault from the insurance company's perspective" and "fault in terms of liability under a provincial statute".




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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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