imported_italstallion

hey guys i was waiting to make a right turn out of the erin mills parking lot exit and some other guy in front of me was making a left so as he proceed to make a left he suddenly slammed on the brakes because he saw a car that was turning into the parking lot but he thought was going straight.theres very minor damages to each car...my fender got bent and my corner light popped out(****t part newayz) but he has like scrathes on his bumper should i ask him to pay for half of his damages since we neither want to go thru insurance or should i jsut pay all of his what do u think....

marker

Let me get this right... you run into the back of him, then expect him to pay half the damage? Didn't your parents raise you any better than that?

If he was in front of you and you ran into the back or back corner of him, you're on the hook for paying all of his damage.

If you try to weasel out of it, he can always go through his insurance. He won't have to worry about his rates going up because he would not carry any fault in the collision. You on the other hand, would carry 100% fault, and your insurance rates could go up.

Note to everyone here - know the law as it relates to fault determination in an accident. Those rules apply even on private property such as mall parking lots. http://www.e-laws.gov.on.ca/DBLaws/R...h/900668_e.htm

If you're not at fault, don't hesitate to call police to report the collision, and don't hesitate to report the collision to your insurance company. "Not-at-fault" collisions won't hurt your insurance rates.

Too many people get screwed by not doing so. The person who runs into you is not your friend. You owe them nothing, and by trying to be the "nice guy", all you are doing is setting yourself up to be screwed by the person who ran into you.

Protect your own financial interests and report any collision in which you are not at fault to the police and to your insurance company, and then you don't have to put up with people like the original poster here who might think about trying to weasel out of their responsibilities to pay for the damage THEY caused to YOUR car.

imported_italstallion

im not trying to weasel out of anything here i already told him i would pay for all the damages but he unneccesarely slammed on his brakes for no reason whatsoever.....it was just a question asking other peoples opinions no need to get your panties in a bunch and start brining up how my parents raised me.....

marker

Even by your story, your mention of a third car suggests that the driver in front of you stopped for good reason. In any case, it doesn't matter why he stood on the brakes or if you think it was justified or not. The onus is on you to follow at a safe distance, and to pay attention to what the car in front of you is doing.

Fact of the matter is, the car you ran into did nothing wrong. I find it highly questionable that you would have the nerve to even consider asking him to pay half of the damages that you alone caused by your own negligence.

Put yourself in his shoes and ask yourself how you would feel if someone considered pulling that on you.

imported_italstallion

let me repeat again i never asked him for any money and i told him as soon as it happened that I WOULD pay for everything but im was just looking for opinions of other about what they would do in that situation and yes i know im totally at fault and i should have waited for him to completely go....

marker

Well, the following are your words from teh very first post in this thread. Note the words emphasized in bold in the last part of the quote.

Now, having said here and now that you told him you would pay for everything, why would you later come on the forum here and ask the part in bold above unless you were having second thoughts and looking for a way out of paying?

This sort of thing happens way to often. That's why I tell people, ALWAYS report collisions to your insurance and police if someone runs into you. Don't get screwed by a roadside agreement that can so easily go bad.

imported_Zyepher

w3rd to that, I would never make any roadside deals. If they want some money or I need some money I'll call insurance. Thats what I pay every month for anyways.

Cynikal.Mindset

hahaha...ur talking to yourself on this one bud...marker knows the deal, u dont...take a seat but thanks for coming out

marker

And I'm pretty sure that's wrong, as CMS has already told you.

What's more, I can provide you with the link to the applicable Ontario law to show you just how wrong you are.

http://www.e-laws.gov.on.ca/DBLaws/R...h/900668_e.htm

Nova_Dust

No witnesses is key word, as it becomes your story against his (or hers) and if neither insurance company can have a solid evidence on your word to back you up, then you pay for your deductable, and a report will be filed against you.

imported_civic_66

in a pareking lot its 50/50 no matter what. he pays for his u pay for yours. not many people know this but thats what the law is.

marker

Wrong again.

Go to this link to see Ontario's law on fault determination for ALL collisions, including those that happen on private property.
http://www.e-laws.gov.on.ca/DBLaws/R...h/900668_e.htm

imported_gatherer

Marker I thought in a parking lot (private property ) it was always no fault each persons insurance comapny would cover the damages to their own insured vehicles ... I thought the accident determination rules were for public roads and accessing public roads...

(correct me if I'm wrong of course, thats just the info was given)

imported_gatherer

Alsdo if you have time can you explain who pays for the damage in Diagram 668fg07u.tif (the chain reaction) it states that the collision between car A and B Car A is not at fault and Car B is only 50% at fault .. but doesn't state who burdens the other 50% of the fault in that collision. does it fall on Car C? does it go into insurance limbo?`

reg. 668, s. 8.9. 1 to 3

marker

Look lower down on the page. The part I have bolded covers the OP's rear ender situation in a parking lot.

Basically, a rear-end collision between two cars, whether it occurs on public roads or in private parking lots, puts 100% fault on the car in rear.

There are several other situations where 100% of collision fault in parking lot collisions can be laid at the feet of one driver.

Parking lot collisions happen a LOT. It's real important that people protect themselves by knowing their rights and responsibilities with regard to them.

Too many people get hosed by the at-fault driver because of that mistaken assumption that all parking accidents are 50-50. Don't be scammed by another driver out of ignorance.

marker

It just goes into "limbo".

nsx_modified

So is there any circumstance, which would make a parking lot accident 50/50???

Nova_Dust

I think 50/50 would apply if there is no witness, and you report your accident to your insurance company using your own words while the other party uses his/hers, then at the end, it would end up being 50/50.

And 50/50 is really 100% at the end of the day. You can't get away with paying a deductable while not having a filed record against you. So, you either report the case with a strong back-up, or you obsorb the cost cause it won't do you any good either.