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Parking Lot Accident Claims: Who Is At Fault?

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Parking Lot Accident Claims: Who Is At Fault?

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Parking Lot Accident Claims Who Is At Fault

Getting into a parking lot accident can leave you frustrated and unsure of what to do next. You might think a small bump or scratch isn’t serious, but even low-speed crashes can cause expensive damage and unexpected injuries. Repairs, insurance claims, and questions about who’s at fault can make things stressful. Understanding how parking lot accident fault in Ontario works helps you protect yourself and make informed choices.

This article explains why parking lot accidents are so common, how fault is determined, and what to do if you’re involved in one. You’ll also learn how insurance companies handle low-speed and shared fault collisions, and what you can do to avoid costly mistakes after a crash.

It’s easy to feel lost after a collision, but with the right information, you can handle the situation confidently and protect your rights.


In this article:

Why Parking Lot Accidents Happen So Often in Ontario
How Fault Is Determined in Ontario Parking Lot Accidents
How Fault Affects Low Speed Crash Settlements
What to Do Right After a Parking Lot Accident
What is Shared Fault and Disputed Liability in Ontario
Final Thoughts


Why Parking Lot Accidents Happen So Often in Ontario

Parking lots might seem harmless, but they’re one of the most common places for accidents in Ontario. Every day, hundreds of drivers face challenges that make even a short stop stressful. You’re surrounded by moving cars, tight lanes, and people walking between vehicles; all while trying to park or leave in a hurry.

Here’s why parking lot collisions in Ontario happen so often:

  • Tight spaces make it hard to maneuver larger vehicles safely.
  • Blind corners limit visibility, especially near exits or building entrances.
  • Distracted drivers often check their phones or GPS instead of watching their surroundings.
  • Pedestrians and shopping carts appear suddenly between cars.
  • Poor lighting or unclear markings make it difficult to judge distance or direction.

Even though most of these accidents happen at low speeds, they can still cause:

  • Costly damage to bumpers, mirrors, or sensors.
  • Whiplash or other soft-tissue injuries that appear days later.
  • Disputes about fault and higher insurance premiums.

Treating these collisions seriously helps you protect your safety, your claim, and your peace of mind.

How Fault Is Determined in Ontario Parking Lot Accidents

After a parking lot collision, one of the first questions you ask is, “Who’s at fault?” In Ontario, fault isn’t guessed, it’s determined using clear rules set by law. Understanding these rules helps you know where you stand and what to expect when filing an insurance claim. A personal injury lawyer experienced in Ontario accident claims can help you understand how these rules apply to your case and make sure your evidence clearly supports your version of events.

The Role of Ontario’s Fault Determination Rules

Ontario uses the Fault Determination Rules (Regulation 668) under the Insurance Act to decide responsibility in every car accident, including those that happen in parking lots. These rules outline dozens of possible situations, from rear-end collisions to vehicles backing out of spots.

Insurance companies rely on these rules to assign a percentage of fault to each driver based on the evidence like photos, witness statements, and vehicle damage. You don’t have to agree with the outcome, but understanding how it’s decided helps you prepare if you need to challenge it later.

Common Fault Scenarios in Parking Lot Accidents

Each situation is unique, but certain patterns appear in most parking lot collisions in Ontario:

  • Hitting a parked vehicle: If you collide with a legally parked car, you’re almost always 100% at fault.
  • Two cars reversing: When two vehicles back up at the same time and hit each other, both drivers typically share fault equally.
  • Exiting a parking space without yielding: Drivers pulling out of spots must yield to cars moving through the lane. Failing to do so usually makes you at fault.
  • Ignoring stop signs or right-of-way: If you disobey parking lot signs or cross lanes without looking, fault often falls entirely on you.
  • Shared fault car accidents: In some cases, both drivers contribute to the collision. For example, when one reverses while another speeds through the lane.

What is “No-Fault” vs. “At-Fault” in Ontario

Ontario’s no-fault insurance system doesn’t mean nobody is responsible. It simply means your insurance company pays for your repairs and injuries, no matter who caused the crash.

However, being found at fault still matters as it can affect your record and future premiums. So while the process is quicker under no-fault rules, accountability remains important for your insurance and legal protection.

How Fault Affects Low Speed Crash Settlements

Many parking lot accidents happen at low speed, but that doesn’t mean the outcome is simple. Even slow collisions can lead to unexpected costs, both financial and physical.

Why Even Minor Impact Settlements Can Be Costly

A low-speed crash settlement might still involve:

  • Hidden vehicle damage that appears days later.
  • Medical bills for whiplash or back pain.
  • Lost wages from time off work.
  • Rising insurance rates if you’re found at fault.

A minor impact settlement can still grow large if the injuries affect your daily life or your car requires specialized repairs. Taking photos, collecting evidence, and reporting immediately can make a major difference in the outcome of your claim. If the insurer challenges your story or assigns you more fault than you deserve, a car accident lawyer can step in to review your case and help you pursue a fair outcome.

How Shared Fault Affects Your Payout

When both drivers share responsibility, each one’s payout is reduced by their percentage of fault. For example, if you were 40% at fault in a shared fault car accident, your compensation would decrease by that same percentage.

That’s why documenting what happened and understanding how fault works is essential. Every detail counts toward the settlement you receive after a low-speed crash or minor impact collision in Ontario.

What to Do Right After a Parking Lot Accident

Accidents can feel overwhelming, but your actions in the first few minutes shape how smoothly your claim goes. Staying calm and following the right steps protects your safety and your case.

Stay Safe and Check for Injuries

Before anything else, make sure everyone is safe. Check yourself, passengers, and others involved for injuries. If anyone seems hurt, call for medical help right away. Avoid arguing or assigning blame at the scene.

Exchange Details and Gather Evidence

Once everyone is safe, collect important details:

  • The other driver’s name, license plate, and insurance information.
  • Photos of the vehicles, license plates, and the accident scene.
  • Contact information for witnesses who saw what happened.

Documenting everything early helps you prove what actually occurred in your parking lot accident claim.

When to Report to Police or a Collision Reporting Centre

In Ontario, you must file a report if the total damage appears to be $5,000 or more. If you’re unsure, it’s safer to visit the nearest collision reporting centre. They’ll inspect the damage, record the details, and create an official report that supports your insurance claim.

Notify Your Insurer Even for Small Accidents

Even if you think the damage is too small to matter, always tell your insurance company.

  • Failing to report could cause problems later if the other driver files a claim.
  • Honesty and documentation protect you from disputes about fault or costs.

If the insurer delays or questions your claim, consulting a lawyer familiar with Ontario parking lot collisions can help you understand your options and protect your financial recovery.

What is Shared Fault and Disputed Liability in Ontario

Sometimes, a parking lot collision isn’t entirely one person’s fault. Both drivers might make mistakes, and that’s when a shared fault car accident happens. Understanding how shared responsibility works helps you manage expectations and protect your rights.

What Happens When Both Drivers Are Partially at Fault

In Ontario, it’s common for both drivers to share some responsibility for a parking lot collision. For example:

  • Two cars reverse at the same time and collide.
  • One driver speeds through the lane while another pulls out without looking.
  • A parked car opens its door while another vehicle is passing by.

In these cases, fault is divided between both drivers. Your share of the blame directly affects how much compensation you receive.

If fault is unclear or you believe you’re being unfairly blamed, an attorney with expertise in Ontario parking lot accident claims can step in to review evidence and make sure your case is handled fairly.

How Insurers Calculate Fault Percentages

Insurance companies follow Ontario’s Fault Determination Rules to assign fault in each accident. They look at:

  • Photos of the damage and where vehicles collided.
  • Statements from both drivers and witnesses.
  • Parking lot layouts, camera footage, or police reports.

Once the insurer reviews all this, they assign a percentage of responsibility to each driver. For instance, one driver might be 70% at fault, while the other is 30%. That percentage decides how much each person’s claim will cover.

When You Should Get Professional Help for Your Claim

If the fault percentage feels unfair or your insurer delays payment, that’s when professional legal help makes a difference.

A personal injury lawyer can:

  • Re-examine the evidence and help challenge an incorrect fault decision.
  • Make sure you receive fair compensation for repairs and medical expenses.
  • Communicate with insurers on your behalf to reduce stress and confusion.

A lawyer who understands Ontario’s insurance system can help protect your interests and prevent small mistakes from becoming costly problems later.

Final Thoughts

A parking lot accident can seem minor, but it often leads to more stress than you expect. Insurance questions, repair bills, and fault disputes can quickly add up. Every step you take after the crash matters. It can shape your recovery and your finances in the long run.

You don’t have to handle everything by yourself. The laws around parking lot accident fault in Ontario can be confusing. If fault is shared or unclear, getting the right guidance helps. At HIMPRO, our team helps drivers across Ontario understand their rights after a parking lot collision. We help gather evidence, deal with insurers, and pursue fair settlements for both low-speed and shared fault crashes.

If you were recently in a parking lot collision, now is the time to get clarity. Contact us for a free consultation. We’ll review your situation, explain your options, and help you take confident steps toward resolution and recovery.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!
I can’t express enough how grateful I am to the Himelfarb Proszanski Law firm. From my very first call, their team made me feel like I was their top priority. I was appointed Dan Holland, who took amazing care of my incident and its proceedings. He took the time to truly understand my situation and fought tirelessly for my best interests. He was on point with his correspondences and appointments and was prompt with his actions to follow it all up as well.

Dan Holland did an excellent job with my settlement. I am totally satisfied with the outcome.

I would not hesitate to request their services again and highly recommend them!!

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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