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Parking Lot Collision
Posted: Sat Jan 03, 2015 3:30 pm
On December 31st at 12:50 pm, I was at the Mountainash plaza in Brampton where my mom was driving north to exit the plaza when a careless driver texting on her phone approaching from the east (from mcdonalds) struck my right passenger side. She quickly tried to hide her phone but because my mom was driving and I was in the passenger seat, I quickly got out and confronted the driver. She was in no mood to stay or even exchange information and even came up with a 'on the spot melodramatic scenario' that her son was very sick and that is why she was on the phone. She repetitively said she needed to leave and for us not to go through insurance.
I took pictures of her drivers license, her insurance, license plate and also a picture of the minor damage her 2003 Dodge Caravan, in case she went and turned the tables and claimed her van had more damage. The police station in that plaza had moved so we headed to the collision center to get an estimate for the damage on our 2014 Nissan Sentra. Since it was New Years Eve, the collision center closed at 1. Our Insurance company guided us to go first thing Friday morning when the collision center opened and get an estimate. We reported the collision, although keep in mind neither insurance company nor the police officers recommended that a report was necessary because apparently $1200 is easier to pay out of your own pocket than to attempt to get it from the other driver. Police officers said they do not even come out to investigate or write up a report for accidents of this type occurring in private properties i.e. the mountainash plaza.
Immediately after getting the estimate I called the woman who struck our car and was not surprised that she said she had no money to pay for the damage her carelessness had caused. She then told me she would call me back within half an hour after speaking to her insurance company. After waiting the entire day for her call, I called and she did not answer. I then tried calling with my mother's cell phone and she absent mindlessly answered the call. She told me she was at the collision center and that she just received an estimate for the damage for her 2003 DODGE CARAVAN, with a total of $2900.00. Keep in mind her damage was solely a 10 cm by 10 cm dent to her left fender and not to forget that she was at fault. Furious, I asked her if my 2014 Nissan Sentra can be repaired for $1200, what on earth her claim for $2900 was for. Going through insurance we have to pay our deductible of $500 and since parking lots are private properties and they are assume all risk, it is split 50/50. So I am paying for the damage on my car caused by a woman who fails to multitask, flees the scene and then makes a false claim that I don't know which insurance company is stupid enough to believe.
I request any of you who have some advice on what to do next, to please share them with me as indecent people like this should not get a penny, not from me nor from any insurance company. Also if taking this to a lawyer would be the next step. Thanks!
Re: Parking Lot Collision
Posted: Sat Jan 03, 2015 3:50 pm
I'm familiar with this area and plaza, I believe the collision occurred here: https://firstname.lastname@example.org, ... -TnupQ!2e0
Parking lot collisions are NOT 50/50, you need to stress this to your insurance company.
Fault Determination Rules: http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
Rules for Automobiles in Parking Lots
(3) If automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is leaving a feeder lane and fails to yield the right of way to automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â on a thoroughfare, the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“AÃƒÂ¢Ã‚â‚¬Ã‚Â is 100 per cent at fault and the driver of automobile ÃƒÂ¢Ã‚â‚¬Ã‚Å“BÃƒÂ¢Ã‚â‚¬Ã‚Â is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (3).
(5) In this section,
ÃƒÂ¢Ã‚â‚¬Ã‚Å“feeder laneÃƒÂ¢Ã‚â‚¬Ã‚Â means a road in a parking lot other than a thoroughfare;
ÃƒÂ¢Ã‚â‚¬Ã‚Å“thoroughfareÃƒÂ¢Ã‚â‚¬Ã‚Â means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).
I would absolutely raise hell upon your insurance company, make sure they understand the events. You're 0% at-fault for the accident.
If the Insurance Company still wants to assign 50/50, then you can escalate this to a manager... ultimately go to the FSCO Ombuds Service: http://www.fsco.gov.on.ca/en/insurance/ ... fault.aspx
$500 is not small change, you should not have to pay for the other driver's distracted driving. There will be an at-fault collision on your record because you were found +25% at-fault, and the insurance company can increase your rates because of it.
Re: Parking Lot Collision
Posted: Sat Jan 03, 2015 3:57 pm
Thank you for the reply! I will look into what you sent. It's just because I've been repetitively told that parking lots are all 50/50 and this is coming from the police officers and the insurance company. Was definitely annoyed with the possibility of my insurance rates being increased. Thanks again!