rick10

So today my girl was backing out of a parking lot . When she hit the left fender of a van. She was obviously freaking out as this was her first accident. The guy told her that it would cost 1000 $ to fix his fender from a beat up old van. She was like thats too much etc ,etc ... At the end they only exchange phone numbers and the guys was to call her tomorrow with a estimate....

Now i was under the impression that she backed out to a parked car and thats why she was saying its her fault.

Now that she is more relax she is telling me how everything happenned. She was backing out slowly ( like most girls) and as soon as she was backing out she felt a hit in the rear bumper. Here is the interesting part, they were both moving and they guy was driving in the wrong lane of the parking lot. Meaning he was driving on the left side of the parking lot comming in.

I saw the pictures of the van and its literally as scratch ( one line) and a small dent the side of a finger nail , which is not even deep or anything. The guy is trying to take advantage i think , and I m not really going to pay 1000$ for that ...

Now here is my question , is it 100% her fault , is it 50 -50 , or what do you guys think

I already asked an expert but i would like to see more opinions

thanks

ol Dusty

iTrader: (2)

parking lot? if so no fault insurance. Don't pay anything to him just play it smart and get insurance involved on this one.

rick10

Technically it was not me and i had first accident forgiveness , and nothing freaking happened to my car... But i think the guy is trying to take advantage

Becuase my girl told him to get 2 estimates and he is like i only want to take it to my mechanic...

No police report, no witnesses, no drivers licensed exchange, and now that I think about it the guy was on the wrong damn side of the parking lot.

I ll see what estimate he tells me tomorrow. But thanks for the advice, i ll keep that in mind.

rick10

here is the damage






i dont even think that little dent is from my girl backing out


1000$ for that is crazy ...

D.T.P

Police will not do anything if its in a parking lot. Moreover, the truck wasn't parked so neither of the drivers can be held at fault directly.

Go through insurance and refuse to pay the person directly. Insurance will not do anything since there is no at fault driver.

jdm_416

he wants 1000 for that! yeah right...

Exlr8r

iTrader: (1)

its his fault... he's on the wrong side, so even if she did slow down to look. she wouldnt be able to see the other car...

His fault, and the damage looks like it would cost $400 MAX!

Bradsma

No fault insurance, don't pay a dime like the other said.

gavin.p89

Rules for Automobiles in Parking Lots

16. (1) This section applies with respect to incidents in parking lots.
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in
accordance with this Regulation as if the thoroughfare were a road.
(3) If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a
thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident.
(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on
a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver
of automobile “B” is not at fault for the incident.
(5) In this section,
“feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot.

O. Reg. 276/90, s. 16.

www.ibc.ca/en/car_insurance/.../on-fault-determination-rules.pdf

gavin.p89

Sorry for the large font it was a copy and paste