Parking lot fender benders: responsibility shared 50/50?

Parking lot fender benders: responsibility shared 50/50?

Many believe that responsibility is always shared 50/50 in a parking lot with no signposting, but it’s not true.

Responsibility is determined by the Direct Compensation Agreement that applies in Quebec and in the case of an accident in a parking lot based on the concepts of primary and secondary lanes.

Tthe concepts are as follows:

  • Priority is given to a vehicle circulating in a lane versus a client exiting a parking space (situation A).
  • Priority is given to a vehicle circulating in a priority lane versus an insured circulating in a secondary lane (situation B).

And this means…

 

The priority lane is the primary lane used in a parking lot with no traffic signs used to enter, exit or move along.

The secondary lane is one that feeds into the priority lane or another.

However, note that a 50/50 responsibility is applied when there are contradictory versions of what happened and there is no independent witness to corroborate one or other of the versions.

Another important element: Using a joint report avoids having to call the police to the scene of an accident when there are no injuries. Since the other parties are identified immediately, the claim process is accelerated and you don’t have to wait for a police report.

Source : Groupement des assureurs automobiles

*Exclusions and limitations may apply. Please contact one of our agents for more information on your coverage.