Parking Lot Fender Benders: Who’s at Fault?

1. Parking lot accidents: Some myths are sticky

Contrary to popular belief, liability is not automatically divided equally between the two drivers involved in a parking lot accident. If there are no witnesses, responsibility could be split 50/50—especially if both drivers have completely opposite versions of the event.

2. Determining liability

Even though collisions are common in parking lots, it’s not always easy to determine who’s at fault. Actually, it’s the insurers who assess liability in each case. And no, the police are not in a position to determine who’s responsible.

Property and casualty insurance companies base their decision on the Direct Compensation Agreement (DCA) of the Groupement des assureurs automobiles (GAA), which includes a driver’s fault chart. Insurers rely on this tool as an efficient way to assess each driver’s liability in an accident.

3. Guidelines for collisions in parking lots without signage

The basic rules of the DCA provide a clearer picture of how liability is divided between two motorists. This agreement only applies to collisions that occur in Quebec, between at least two vehicles, when all owners are identified. It does not, therefore, apply to hit-and-runs.

Now, there are two guidelines for assessing the division of responsibility between motorists involved in a parking lot accident.

First, a vehicle leaving a feeder lane must yield to a vehicle driving in a main lane. Second, a vehicle pulling out of a parking space must give way to a vehicle driving in the feeder or main lanes. It’s important to remember that patience is key when driving through a parking lot and that you don’t necessarily have the right of way!

4. How compensation works

Let’s take an example: say you’re driving in the main lane and a car exiting a feeder lane hits you. In this case, you’re not responsible for the accident. You’ll be compensated even if you’re not covered for the collision under your auto insurance policy. And you won’t have to pay a deductible!

What about the at-fault motorist? Their insurance will cover their civil liability first (Section A of the policy), i.e., damage to someone’s property—your car, in this case—and bodily injury that isn’t covered under the public insurance plan.

If their auto insurance policy covers collision (Section B of the policy), they will be compensated by their insurance company and will have to pay the policy deductible.

5. What to do if you’re in a parking lot accident

It’s important that both parties be patient. The at-fault driver has to stay at the scene to identify themself, and you will have to fill out a joint report together to record the facts. The joint report is even available online to make things easier.

To document your case, take photos of the damage to both vehicles from multiple angles. Then, promptly contact your insurance company to begin your claim.

Tips to help you avoid a fender bender in a parking lot

Prevention is always the best way to reduce the risk of accidents and avoid auto insurance claims. To avoid getting into a fender bender in a parking lot, we recommend that you drive slowly, pay attention to lane markings, obey all traffic signs and always double-check your blind spots. And if it looks like someone wants the same spot as you, don’t rush to get the spot first—you’re likely sharing space with pedestrians, cyclists and other vehicles.

Make life easier for yourself when you’re parking. You can, for example, choose a more strategic place to park or make your exit smoother by backing in to your space.

Finally, once you’ve parked, watch your doors as you exit your vehicle. While maybe less bulky than the Cadillac Eldorado and other classic cars of the ’60s and ’70s, today’s cars, trucks and SUVs still tend to be much wider than they were 10 or 20 years ago. Meanwhile, the size of parking spaces hasn’t necessarily kept pace! To avoid damaging the vehicles next to you, be sure to remind your passengers to be careful, too.