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I had a minor accident in my condo's (Toronto, Canada) parking lot. My parking spot is at the corner of driveway and is adjacent to a wall. I was backing up slowly by applying brakes intermittently. On my right side (behind the wall) another car was coming and the driver was supposed to take right turn in order to come on driveway behind me. the driver of the other car had a view of my side through a convex mirror. As I was rolling back slowly the other car just sneaked in and my car hit the right indicator of that car. we din't report it to the police as it is a really a minor damage on the other car and we may come to a mutual agrrement. whereas my car needs no repair job as such. Building security was called in order to witness the situation. But I am not sure if its really my fault and I should pay for the damage. Please advise.

2006-09-24 07:09:50 · 8 answers · asked by hkm 1 in Cars & Transportation Insurance & Registration

8 answers

Most judges in cases like this look at the fact that your damage was in the rear. Meaning, the other driver did not take precautions for such cases as yours, and did not look out for your car. I know your car was hidden sort of, but you can't just recklessly pull into a driveway where there are other cars parked in garages or stalls and expect not to find other cars moving in the lot! That is plain recklessness on their part!

2006-09-24 07:20:52 · answer #1 · answered by Gothic Martha™ 6 · 1 0

Vehicle collisions in California that occur in private property are not reportable unless a hit and run also occurs. If you both have already settled and there are no other issues, you are okay with the law. Repair the other vehicle as it is the person backing up that has to make sure it is clear behind him/her before proceeding. Yes he should have stopped if he saw you coming and avoid the crash, but who knows what he was thinking about your actions as well..You have the major liability..

2006-09-28 07:14:50 · answer #2 · answered by GUILLERMO U 2 · 0 0

Split the bill and call a truce. In Canada (I live in Toronto as well) if an accident occurs in a parking lot where no criminal activity and/or personal harm was done, no one is legally at fault because the insurance company looks at it as happening on private property.
Good luck. That sucks.

2006-09-24 16:53:11 · answer #3 · answered by diamond_joe1979 3 · 0 0

It doesn't matter what the other vehicle was doing, it could have been going 100 and running stop signs...the person backing must wait until the way is clear. If you hit something backing up it is your fault. Fix his car.

2006-09-24 15:06:43 · answer #4 · answered by oklatom 7 · 0 0

It's your fault. The vehicle backing has the greater duty over vehicles in the lot driving through or in the aisle.

2006-09-24 18:32:51 · answer #5 · answered by Chris 5 · 1 0

If you are backing up it is your fault. It is YOUR responsibility to make sure you have clear passage before pulling out. End of story.

2006-09-24 14:12:09 · answer #6 · answered by toronto_guy77 2 · 1 0

We are not the side of the other person. So we can't judge by what you'r saying. There are two sides to every story!!!

2006-09-24 16:16:43 · answer #7 · answered by alfonso 5 · 0 0

Let me get this right you where backing up and you hit him. well since it was the back of your car and maybe you could not see him.he must eather hit his horn or notify you in any way or move out of the way.thats my out look.good luck

2006-09-24 14:15:46 · answer #8 · answered by water buffalo 2 · 0 1

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