Parking lot accidents: who is at fault?

Written by Ziyad Bakkali

Reviewed by Daniel Mirkovic

Updated September 27, 2024 | Published September 27, 2024

Parking lot accidents are surprisingly common. About 20% of all motor vehicle accidents are reported to take place in a parking lot — that’s one in every five crashes.1 While most of these accidents are minor (and usually avoidable), it’s important to understand how your car insurance can assist if you’re ever involved in one.

In this article, we’ll cover everything you need to know about parking lot accidents, including how insurers determine fault, the steps to take after an accident, and tips to help you avoid them altogether.

Numerous vehicles occupying an open parking lot

What are the common causes of parking lot accidents?

Accidents in a parking lot can happen for many reasons. But all things considered, they boil down to drivers making simple mistakes (typically referred to as driver error).Driving errors are mostly preventable — yet they are a leading cause of parking lot accidents in Canada.2 Most of these errors can be attributed to:

  • Speeding: While there may not always be signage in place, speeding in congested areas can make it difficult to react to unforeseen dangers (like a child running onto the driveway). Some provinces also have strict enforcement when it comes to parking lot speeds. For instance, in British Columbia, the maximum speed is 20 km/h.3
  • Driving while distracted: Whether it’s texting, adjusting the radio, or fiddling with the infotainment system, many of these activities can divert your attention from the road.
  • Failing to obey traffic signs: Stop signs, yield signs, and no parking zones are there to control the flow of traffic — ignoring them creates hazardous conditions for everyone.
  • Ignoring blind spots: Checking your side mirrors isn’t always enough; you’ll need to pay attention to areas with limited visibility that may be obstructed by pillars, parked cars, or bad weather.

The rules of the road are there to be followed, and parking lots are no exception. It’s important to be mindful of how you’re driving in an area that contains multiple hazards.

Determining fault in parking lot accidents

Dealing with a parking lot collision is the same as any other road accident — you’ll report to the police, collect witness statements, and then file a claim with your insurer. When filing your claim, you’ll need to provide detailed information about the accident, including the date, time, location, and any injuries or damage involved. You might find it helpful to submit photos of the accident scene and your vehicle, too (if you have them). This information will give your insurer a more accurate representation of the collision, which could speed up the claims process and your settlement.

Fault determination varies by province. In Ontario, insurers use a series of fault determination rules to assign a percentage of fault to each driver, ranging from 0 to 100 percent. These rules outline who is at fault in almost every possible traffic scenario, so some will apply to parking lots, too. Similar laws exist in Alberta, Quebec, and other provinces as well.

Parking lot accident scenarios

Two vehicles back into each other

When two cars hit each other while simultaneously backing out of a parking space, both drivers will share fault equally — unless there is evidence to prove otherwise.

If it’s determined that one of the drivers could have reasonably avoided the collision (or was negligent), they’ll be the ones liable for the damages. Think of a car reversing out of a parking space and hitting an oncoming vehicle. The car already on the roadway usually has the right of way, so the car pulling out would be at fault.

Fortunately for many drivers, every new car sold in Canada after May 1st, 2018, comes equipped with a backup camera.4 Many of these vehicles also feature a parking collision warning system, which beeps when the car is narrowly close to other objects. With these features installed on your car, the chance of rear-ending other vehicles becomes much lower.

Although these technologies are designed to assist with parking, they’re not always foolproof. You should still look around to make sure your surroundings are clear before you reverse — especially when in a congested parking area.

A vehicle hits a pedestrian

Pedestrians are a common hazard in parking lots. They almost always have the right of way unless a traffic sign or officer directs otherwise. Drivers who fail to yield in these cases are typically presumed responsible if they end up striking a pedestrian.

One thing to note is that pedestrians can be at fault, too. For instance, if a pedestrian darts out in front of a moving car without looking (an act of negligence), they could share or even bear full responsibility for the accident.

A vehicle hits a stationary object or a parked car

Stationary objects include things like fire hydrants, light posts, traffic signs, and most obviously, parked cars. Since there’s no other driver to hold accountable, you’ll likely be 100% at fault if you crash into a non-moving object.

A vehicle rear-ends another vehicle at a corner or stop sign

Rear-ending another vehicle at a stop sign is a clear indication of driver error. If you hit another car at a controlled intersection or in a parking lot area where you’re required to yield, your insurer may find you at fault and raise your rates. Or worse, if the other driver is seriously injured, you could be held liable for their medical costs — though this only happens in extreme cases.

A vehicle hits another vehicle and leaves (hit and run)

Hitting a parked car or another vehicle and leaving the scene is considered a crime in most jurisdictions. In these instances, the driver who ‘fails to remain’ is generally considered the at-fault party.

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What should you do after a parking lot accident?

The first and arguably the most important step is to check whether anyone is injured (and to call emergency services if needed). If there are no injuries, you’ll want to take the following steps:

  1. If your car is still driveable, move it away from the path of other vehicles.
  2. Record as many details of the accident as you can, such as the other driver’s personal and insurance information, vehicle descriptions, and witness statements. If you hit a parked car and the owner isn’t around, leave a note with your contact information.
  3. Report the accident. Drivers in Ontario must call the police if there are any injuries, one of the drivers is intoxicated, or the total damage to all vehicles appears to exceed $2,000.5 In Quebec, the parties involved must file a joint report with their respective insurers if no one is injured. If someone is hurt, call the police right away.
  4. File a claim with your insurance provider as soon as possible — the sooner you initiate the claims process, the sooner it’ll take to receive your settlement.

If a driver hits your parked car and leaves without leaving their contact information, you’ll want to report it to the police right away. If you hit a parked car and can’t reach the owner, call 911 or the nearest police station in your area.

Most parking lots have security cameras running 24/7. If you’re the victim of a hit-and-run, it may be worth it to scrounge up surveillance footage of the incident. If the offender was caught on tape, there’s a chance that evidence could be used to identify the driver.

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Insurance considerations

When it comes to insurance, parking lot accidents are treated like any other collision. If you are at fault, you’ll need collision coverage or all perils coverage to cover damage to your vehicle from hitting another car or object (minus the applicable deductible). If you are not at fault, you’ll need DCPD coverage instead.

In cases where you’re liable for injuring the other driver, you’ll need third-party liability coverage. Fortunately, liability coverage is included in every car insurance policy in Canada.

As with any other collision, if you’re at fault for a parking lot accident, your insurance premium could go up. Accidents for which you’re not at fault might not affect your premium.

Tips to avoid parking lot accidents

  1. Avoid distractions (like your phone) while driving in a parking lot — or anywhere else for that matter.
  2. Watch out for nearby pedestrians. If you’re unsure who has the right of way, it’s always safer to yield.
  3. Drive slowly and respect the posted speed limits. Even if there’s no signage, it’s best to give yourself enough time to react in case someone unexpectedly gets in your way.
  4. Use turn signals to indicate your intentions to other road users.
  5. Be cautious when backing in or out of a parking spot. You should be checking your mirrors and blind spots constantly.
  6. Avoid parking too close to other vehicles. A little extra space can save your car from costly door dings.
  7. Take your time when entering or exiting a parking spot — it’s better to take it slow than to regret it later!

Commonly asked questions

Do parking lot accidents affect your car insurance claims history?

Yes, like any accident, collisions in a parking lot will affect your car insurance claims history. In most provinces, they’ll remain part of your insurance history for up to six years. If you’re found at fault, you might also have to pay higher premiums.

Some parking lot accidents are more serious than others, especially when someone is injured. If those result from you committing a serious offense (like driving while impaired), you may be subject to harsher penalties. For instance, you could face a hefty fine or have your license suspended altogether.

When is fault 50/50?

That depends on the circumstance. Generally, the 50/50 rule only applies when it cannot be determined who was at fault. For example, if two cars reverse out of a parking spot and hit each other simultaneously, it could be difficult to prove which driver was more negligent than the other. In this case, fault may be split equally.

On the other hand, if a driver backs into a parked car or a vehicle with the right of way, that driver would certainly be 100% at fault.

Sources

  1. “Why Hundreds Are Killed in Crashes in Parking Lots and Garages Every Year.” CBS News, 21 Nov. 2016, https://www.cbsnews.com/news/parking-lot-accidents-distracted-drivers-national-safety-council/.
  2. Brown, Allen. “Common Reasons behind Canada Car Accidents.” Ottawa Life Magazine, 7 Aug. 2024, https://www.ottawalife.com/article/common-reasons-behind-canada-car-accidents/.
  3. “‘Rules of the Road’ for Parking Lots.” DriveSmartBC, 3 Jan. 2021, https://www.drivesmartbc.ca/parking/rules-road-parking-lots.
  4. Clavey, William. “The Backup Camera Is Now Mandatory in Canada.” The Car Guide, 3 May 2018, guideautoweb.com/en/articles/46328/the-backup-camera-is-now-mandatory-in-canada/.
  5. “What To Do After an Accident.” Financial Services Regulatory Authority of Ontario, fsrao.ca/consumers/how-fsra-protects-consumers/protect-yourself/what-do-after-accident. Accessed 10 Sept. 2024.

Want to learn more? Visit our Car insurance resource centre for dozens of helpful articles to guide you through the complexities of car insurance. Or, get an online quote in under 5 minutes and find out how affordable personalized car insurance can be.

About the expert: Daniel Mirkovic

A co-founder of Square One with 25 years of experience in the insurance industry, Daniel was previously vice president of the insurance and travel divisions at the British Columbia Automobile Association. Daniel has a bachelor of commerce and a Master of Business Administration (MBA) from the Sauder School of Business at the University of British Columbia. He holds a Canadian Accredited Insurance Broker (CAIB) designation and a general insurance license level 3 in BC, Alberta, Saskatchewan, Manitoba and Ontario.

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