Are parking lot accidents always 50/50?

Parking lot accidents happen pretty often, especially during the winter when roads get slippery and visibility drops. Some people might assume that these accidents are handled differently from regular car accidents or hit-and-runs since they occur on private property, but that’s not true.

In this article, we’ll answer, “Are parking lot accidents always 50/50?” and clear up some other common myths about parking lot accidents. We’ll also explain how fault is determined and share some safe driving tips to help you avoid these situations altogether.

Who is at fault in a parking lot accident?

One of the most common myths about parking lot accidents is the so-called 50/50 rule. People often believe that if two cars collide in a parking lot, both drivers are automatically equally at fault. But that’s simply not true.

Parking lot accidents are handled just like any other type of accident. There are still right-of-way rules and laws that apply. Insurance companies use fault determination rules to figure out who is responsible. Just like with any other accident, they’ll take statements, assess any injuries or property damage, and determine fault based on the details of the situation.

Fault determination in a parking lot accident

In some cases, determining who’s at fault in a parking lot accident is pretty straightforward. If a driver clearly violates a right-of-way rule, they will be the one at fault. Here are a few right-of-way rules that can help clarify how fault is determined:

• Drivers in a lane that directly exits onto a main road or highway (often called a thoroughfare) have the right of way over drivers in lanes that don’t exit directly onto a road or highway (these are usually feeder lanes, like those between rows of parked cars).
• If you’re pulling out or reversing from a parking space, you must yield to oncoming traffic.
• Drivers must follow all traffic signs in a parking lot, including yield and stop signs. Ignoring these signs is against the law and can put you at fault if an accident happens because of it.

When two or more cars are involved in a parking lot accident, an insurance adjuster will determine how much each driver is at fault, assigning a percentage between 0% and 100% to each person. If one or more drivers are found responsible for causing the accident, the amount of compensation they can recover depends on their share of the fault.

What are some common types of parking lot accidents?

There are many different types of potential parking lot accidents, including these four of the most common:

1. You hit a parked car

In most cases, if you hit a stationary, legally parked car, you’re going to be 100% at fault. This includes things like opening your car door and hitting a parked car or backing out of a space and bumping into the car behind you. These types of accidents are some of the most common in parking lots.

2. Two cars leaving their respective parking spaces hit each other

If two vehicles collide while pulling or reversing out of their parking spaces, the fault is usually shared between both drivers. This is one of the few situations where the 50/50 rule actually applies. Since both drivers are responsible for their own movement and neither has the right of way, they’ll both be held accountable for the accident.

3. You hit a moving car while leaving a parking spot

When you’re backing out of a parking space, you have to yield to all oncoming traffic because they have the right-of-way. It’s your responsibility to make sure it’s safe before you pull out. So, in this situation, you’re likely to be considered at fault if an accident happens.

4. Two cars collide when competing for a parking space

Since both drivers are in motion, they’ll each share some level of fault in the accident. However, the fault might not be split equally. In a situation like this, several factors will be looked at to determine who’s more at fault. These factors can include which driver had the right-of-way, where the vehicles were impacted, which direction each driver was turning, and how far into the parking space each vehicle was when the motor vehicle collision occurred.

5. You hit a pedestrian or cyclist

Pedestrians can appear unexpectedly—they might walk out of a store, cross through parking spots, or step out suddenly from behind a parked vehicle. If you hit a pedestrian, whether you’re found at fault depends on more specific circumstances.

6. You hit a stationary object (other than a parked car)

It’s pretty common to accidentally hit stationary objects in parking lots, like a curb, median, shopping cart, traffic sign, or light post. In most cases, if you’re involved in a single-car accident with a stationary object, you’ll be 100% at fault.

How does a parking lot accident affect your car insurance?

Even a minor fender-bender can affect your auto insurance rates by increasing your premiums, and that includes parking lot accidents. If you’re found at fault in a parking lot accident, your insurance premiums might go up unless your policy has accident forgiveness. In fact, any type of at-fault or partially at-fault accident runs the risk of increasing your insurance premiums. The accident will also go on your driving record, and it can stay there for several years.

In addition to a premium increase, without collision coverage, you might have to pay out-of-pocket for any damage to vehicles or property that you’re responsible for.

What type of car insurance covers parking lot accidents?

If you find yourself involved in a parking lot accident, your car insurance should cover some, if not all, of the damage and expenses. Luckily, there are several types of car insurance that will help in this situation:

Third-party liability coverage

Your third-party liability coverage will cover any claims of third-party injuries or property damage. This includes medical expenses for the involved third party as well as any legal fees if you find yourself facing a lawsuit.

Accident benefits coverage

Accident benefits coverage will also help out if you’re in a more severe parking lot accident. It pays for medical expenses like prescription medications and rehabilitation for yourself and any passengers in your vehicle.

Collision coverage

Collision coverage is the one you truly want when involved in an accident. Collision will cover the damage to your vehicle, regardless of fault. However, keep in mind that collision isn’t mandatory coverage, so you will need to add it to your car insurance policy.

Comprehensive coverage

Another popular optional car insurance coverage is comprehensive coverage. This covers damage to your car that was not caused by an accident with another vehicle.

Hit-and-run coverage

If you walk out to find your parked car damaged and no perpetrator in sight, your uninsured motorist coverage will kick in. Since the other driver cannot be identified, this parking lot accident will count as a hit-and-run, which falls under uninsured motorist coverage.

Accident forgiveness coverage

Accident forgiveness coverage can help prevent your insurance premiums from increasing after your first at-fault collision. So, if you’re involved in an accident in a parking lot and determined to be at fault, having this optional coverage can really help.

What do I do after a parking lot accident?

Parking lot accidents should be handled the same way you would handle any other accident. Follow the steps outlined in the following situations:

Two-vehicle collision

Although most parking lot accidents are considered minor, you can never be too careful, and it’s best to take the following steps:

Move your car out of the way

Do this only if it is safe to do so. If you can’t, put your hazard lights on to let people know.

Check everyone’s safety

If someone is injured, immediately call for emergency services.

File an accident report

If you live in Ontario and damages to either or both vehicles exceed more than $2,000, the Ontario Traffic Act requires you to report the collision by filing an accident report with the police.

Exchange information with the parties involved

This should include insurance information and contact details (such as your name, phone number, and licence plate number). If the owner of the vehicle wasn’t present for the collision (i.e. you hit a parked car), leave them a note with all of the above information. Remember, hit and runs are illegal.

Document the scene

Take pictures of the accident scene, including damage to all vehicles involved. These photographs may come in handy when making an insurance claim with your insurance provider or when filing a police report.

Call your broker or your insurance company

If you’re thinking about filing an insurance claim for the damage to your vehicle, reach out to your insurance company or broker. They can guide you through the process.

Hit-and-run collision

When someone hits your car, let’s hope they leave their contact information. If they don’t, here’s what you need to do:

Call the police

No matter the extent of the damage, it’s best to contact the police. Hitting a parked car and fleeing the scene is illegal. You can file a report and possibly get a start on the investigation.

Gather documentation

Take photos of the vehicle, your surroundings, and any visible damage. You can also create a written account of the incident, including how and when you discovered it.

Investigate

You can also do a bit of sleuthing on your own. Check out nearby establishments and ask if someone saw something or if they have security footage of the event.

Call your broker or your insurance company

If you plan to submit an insurance claim for the damage to your vehicle, call your insurance company or insurance broker. They can help you get started.

How can I avoid a parking lot accident?

Driving in parking lots can be stressful—they’re often busy, full of pedestrians, and tricky to navigate. While cautious and careful driving is the best way to avoid accidents, here are a few more tips to help you stay safe:

• Always obey traffic signs and speed limits.
• Remember to yield to oncoming traffic.
• Instead of circling the lot to find a spot close to the entrance, consider parking in a less crowded area. The more you drive around in busy areas, the higher your chances of getting into a collision.
• Stick to your lane while driving in the parking lot, just like you would on a regular road. Cutting across diagonally or around corners might seem quicker, but it increases your risk of an accident.
• Use your turn signals when pulling into or leaving a parking spot so the other drivers know what you’re about to do.
• Back into a parking spot to make it easier to spot oncoming traffic when you’re leaving.
• Don’t rely solely on your backup camera. While it’s a helpful tool, it shouldn’t replace checking your surroundings when reversing.
• Keep an eye on your blind spots, especially when reversing or making turns. Be extra cautious when parking near large trucks, as they can create additional blind spots.
• Make sure you park fully within your space without hugging the lines. Giving your neighbouring cars enough room can help prevent accidental dings and scratches.

Need car insurance? BrokerLink can help

The process of getting auto insurance can be difficult. That’s why we recommend using a broker. An insurance broker does all the work for you, so you can spend more time doing what you love. At Brokerlink, we compare all your options to find you the best price for a policy that’s tailored to your specific needs.

You can contact BrokerLink by phone, email, or in person at any one of our locations across Canada. You can also take advantage of our free car insurance quotes by using our online quote tool.

Get an auto insurance quote 1-866-724-2372