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Parking Lot Incident
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PostPosted: Mon Oct 25, 2010 10:44 pm 
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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!!


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PostPosted: Mon Oct 25, 2010 11:13 pm 
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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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Viper1

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PostPosted: Tue Oct 26, 2010 5:51 am 
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Location: In YOUR rearview mirror!
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.

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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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PostPosted: Tue Oct 26, 2010 11:50 am 
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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.

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PostPosted: Wed Oct 27, 2010 2:17 pm 
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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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