It is often said, and most people take it as a fact, accidents that take place in a parking lot are no fault. This would take it for granted both drivers were equally at fault. If so, it would be a situation where both drivers were automatically 50/50 in the fault and both driver’s insurance rates would increase, rather than one driver’s insurance. You may even be tempted to not report the incident to your insurance company, if there appear to be only minor dents or scratches to the vehicles.
Not reporting the accident is not the right answer as someone could have sustained a personal injury in a parking lot accident. Any accident that involves injury must be reported to police, an accident where public property is damaged or damages over one thousand dollars. If you are involved in a parking lot collision there are three important points to remember:
An accident in a parking lot does not mean both drivers always share fault equally. This is not a rule when it comes to parking lot crashes. An example would be: A parked car is hit by another driver, this means that all fault goes to the driver of the moving vehicle.
An accident, including in a parking lot, is to be given as much attention to the details as any other accident. This is especially important because you or a passenger could have suffered injury or later on develop injuries from the accident. You will need to take information from the other driver, what happened from your point of view and any contact details you can gather from witnesses. This gives you the information you will need to prove the other driver’s negligence caused you injury and should you need to report to the insurance company. This information will also be a great help to your injury lawyer in Sudbury when taking a personal injury claim to court. If you are injured, your lawyer would take over the details of the case so that they can draft a claim that will help you maximize the compensation.
Your ability to make a personal injury claim is affected by fault. The police report, the testimony of witnesses, yourself and the other driver and the circumstances of the accident are all determining factors in a parking lot accident. It is not always one hundred percent the other driver or an automatic split between both drivers. The other driver must be determined to be at fault, if you receive any compensation or damages in a personal injury case. That is why it helps to work with a lawyer that can help you prove the fault and help you get a higher amount of compensation.