Summary
Parking lot collisions are not covered under Ontario’s Highway Traffic Act since they occur on private property. Understanding fault determination, liability rules, and proper documentation procedures is essential when a parking lot accident occurs. This guide explains your rights and the steps to take following a collision to protect your interests and support any potential claim.
Key Highlights
Identify parking lot accidents as private property incidents governed by property owner rules and municipal laws Document vehicle damage with photographs and record license plates, names, and insurance information immediately Determine fault based on specific scenarios, such as backing into parked cars or collision circumstances Report accidents exceeding $1000 in damage to police and notify your insurance company promptly Gather detailed accident details including time, location, weather conditions, and witness contact information
As a driver, you are responsible for more than just being safe on the road, you are also responsible for the safety of the people and vehicles around you. Between highway driving, city cruising, and safely travelling through busy parking lots, there are many places where unexpected car accidents can happen. When accidents happen in Ottawa, Ontarion, it’s important to know your rights and options. Here are some tips from Ottawa car accident lawyers that will help you know what to do if you’ve sustained car accident injuries or were involved in a parking lot accident.
One of the most important things car accident lawyers know is that collisions occurring in parking lots are not covered under the Ontario Highway Traffic Act. A parking lot is considered private property, and when car accident injuries occur, the rules that are set in place are usually enforced by the property owner; this is the case in mall parking lots, for example. However, with more serious cases, the owner may leave it up to the police to deal with. Although charges are not usually laid by provincial or regional police, there may still be other federal and municipal laws that apply.
Here are some common examples from car accident lawyers in Ottawa about parking lot collisions and who is at fault:
- If you pull in, or back in, to a parking spot and hit a parked car, you are at fault.
- If you hit the open door of a parked car, the owner of the parked car is at fault.
- If two vehicles back into each other while leaving a parking spot at the same time, both may be at fault.
- If there is a reckless driver that damages your car or puts you at risk as a pedestrian, they may be charged by the police under an appropriate legal code.
In most cases, parking lot collisions are minor and do not require any additional attention after the event, but in more serious cases, where car accident injuries are sustained, it’s important to know what to do in order to get the justice you deserve.
When an accident in a parking lot occurs, car accident lawyers in Ottawa want you to know, and do, the following things:
- Take a picture of the vehicles involved.
- If the damage sustained appears to exceed $1000, police must be notified right away.
- Make sure to record the license plate number, name, and insurance details of the other driver.
- If you are not at fault, contact your insurance company right away, since they will be the ones paying for the damages incurred.
- Jot down all of the details about the accident, including everything that occurred, what you were doing, and what your saw at the time, to avoid forgetting important details later on, especially if there are car accident injuries.
FAQ’s
What laws apply to parking lot accidents in Ontario?
Parking lot collisions fall under private property regulations rather than the Ontario Highway Traffic Act. The property owner typically enforces rules, though municipal and federal laws may still apply in serious cases. Police involvement depends on accident severity and damage extent.
Who is at fault if I back into a parked car?
If you back into a parked car while leaving your spot, you are considered at fault. However, if you hit an open door of a parked vehicle, the parked car’s owner bears responsibility. Fault determination depends on the specific circumstances of the collision.
What should I do immediately after a parking lot accident?
Take photographs of all vehicle damage and record the other driver’s license plate, name, and insurance information. If damage exceeds $1000, notify police right away. Document detailed accident information and contact your insurance company to report the incident.
Can I claim damages from a parking lot accident through insurance?
Yes, if you are not at fault, contact your insurance company immediately since they handle damage payments. Your insurer will investigate the accident and process your claim based on the documented evidence and fault determination.
When must police be called for a parking lot accident?
Police must be notified immediately if the damage sustained exceeds $1000. In less serious cases, police involvement depends on the property owner’s decision and whether any reckless driving or injuries occurred.
About The Author:
Marc-Nicholas Quinn is a Founding Partner of Quinn Thiele Mineault Grodzki LLP (QTMG LLP) and a senior litigation lawyer based in Ottawa, Ontario. With 30 years of experience, Marc maintains a broad civil litigation practice with a focus on personal injury and insurance matters.
Marc regularly acts for individuals, professionals, and businesses in complex, high-stakes disputes. In his personal injury practice, Marc represents plaintiffs in serious injury claims across Ontario, guiding clients through complex litigation with a strategic and results-focused approach. He is known for his ability to manage multifaceted cases involving overlapping legal, medical, and regulatory issues.
Marc also serves as a trusted advisor to businesses where he provides strategic guidance on commercial contracts, risk management, and dispute resolution.
In addition to his advocacy work, Marc is an experienced mediator who emphasizes efficient and practical resolution of disputes. Whether negotiating settlements or litigating before the courts, he is committed to delivering clear advice, strong representation, and meaningful outcomes for his clients.
