Parking lots are like the Wild West of the road. The majority of them are private property, which means road rules can get a little convoluted. For example, if you're in Ontario the rules of the road don't necessarily apply. Speeding on private property is not technically enforceable, for example, as private property is not considered to be a road. If you're in any other province however, most of the road rules do apply.
To complicate matters further, if you are in a car accident in a parking lot reporting laws do apply. You're still legally required to contact the police or a collision reporting centre to report the accident if the cost of damages exceeds your province's limit (in Ontario, that amount is $1,000). Depending on the type of accident and who is determined to be at fault, these incidences can also have an effect on your car insurance rates.
So, how do you know who's at fault?
Parking lots have the equivalent of two lanes:
- Thoroughfare – These are the main passageways. They typically lead back to street level and often don't contain parking spots of their own.
- Feeder lane – These are the lanes located between rows of parking spots. You tend to turn off thoroughfares to access these lanes.
Determining who's at fault in a parking lot car accident isn't much different than determining fault on an actual road—it typically comes down to which driver had the right of way.
Think of the thoroughfare like the sheriff, if you don't mind us continuing with this Wild West metaphor. The sheriff typically always has the right-of-way. He's the lawman to which other vehicles must always yield.
Drivers in feeder lanes are like the townsfolk. They must let the sheriff pass before they can make their move. If they do not, and they collide with the sheriff, they are at -fault.
Then there's the outlaw. This is the person pulling out of the parking spot. If the outlaw backs into a townsperson or a sheriff, the outlaw is at fault. The outlaw must always watch his back.
However, if you hit a parked car in any way, you are typically at fault; it doesn't matter whether you're the sheriff, the townsfolk or the outlaw.
The Criminal Code
No matter what role you play in the proverbial gunfight. You can be charged with dangerous driving, impaired driving, failing to remain at the scene of an accident, distracted driving, and a myriad of other offences under the Ontario Highway Traffic Act regardless of whether or not the road rules apply.
"At-Fault": Insurance Act vs. the Ontario Highway Traffic Act
On the reverse side of things, just because the law doesn't find you responsible, it doesn't mean your insurance company won't.
Insurers in Ontario use their own set of guidelines for determining fault in an accident (R.R.O 1990, Reg 668: Fault Determination Rules). If you run a stop sign in a parking lot, for example, it doesn't matter that it's not technically enforceable from a legal standpoint. If you hit someone, you are still 100% at fault for running that sign according to the Insurance Act. It is also possible for you to be deemed partially at fault depending on the situation.
This is why it's crucial to treat parking lots as you would any other road. Your insurance follows you everywhere, even in the Wild West.
If you have any questions about your car insurance, give OTIP a call at 1-866-523-4111.