Another accident thread - Advice please

[YLSF]

If an accident occurs on private property (i.e. the company I work for's property) what rules/laws/etc apply.

Some guy ran into me while I was cleaning snow with a bobcat (I was backing up, he wasn't there when I started to backup, there was plenty of room on the driveway. I was cleaning the "parking" area, not the "laneway" that goes through. I was going back and forth cleaning this one area. Then, all of the sudden in the corner of my eye I see this guy coming towards me. I stop but we ended up coliding (i.e. he hit the back of me). Luckily, there was no damage to our equipment and minor damage to his bumper. I noticed some orange paint on his bumper but then afterwords I realized that there is no orange paint on the area that could have possibly hit his bumper.

The guy was yelling at me asking me why I wasn't watching.. I told him "you can up behind me.. what the heck were you thinking" I had a flashing blue becon on the top, as well as flashing lights behind the machine! It was VERY visible

He said he was watching me and he was stopped.. which is BS because I looked and he wasn't there when I started moving backwards.

Anyway, he wanted my info and I said "no, why should I give you my info, you HIT me "... I didn't want to give him my info because I thought it might be some kind of admission of guilt or something. I felt that since it was private property it was in my right to deny that information to him (I am not sure if there are laws about this). I was not "leaving" the scene of the accident since I still have snow to clean. In fact, our shop is in the same building. He said he was going to call the police and I said "good, you should get them to come" Anyway, after about 15 minutes he left and he told me the police will be paying me a visit. I said "well, then you should stick around as evidence", and he left!

So... I think he was definitely in the wrong.. There is NO damage at all to the back of my bobcat, I did not see any green paint on his bumper, etc.

The only thing I am wondering about was whether or not I was legally allowed to deny him my contact information?? If there was damage to my bobcat I would have gone after him to damages... But, I will chalk this up to a guy who wasn't thinking (he saw me going back in forth in one area and he DRIVES into that area even though he could have driven on the driveway part instead of the parking park).. Honestly, I don't even think the cops will show up.. But, I am SUPER annoyed right now at this guy and just had to vent... People don't think "big machine moving back and forth.. Hmm.. maybe I should drive up behind him!!"

Venting over!

[thelefteyeguy]

have no idea how it would work...but prob standard rules in court also...he hit you from behind.

[danfromwaterloo]

If an accident occurs on private property (i.e. the company I work for's property) what rules/laws/etc apply.

Some guy ran into me while I was cleaning snow with a bobcat (I was backing up, he wasn't there when I started to backup, there was plenty of room on the driveway. I was cleaning the "parking" area, not the "laneway" that goes through. I was going back and forth cleaning this one area. Then, all of the sudden in the corner of my eye I see this guy coming towards me. I stop but we ended up coliding (i.e. he hit the back of me). Luckily, there was no damage to our equipment and minor damage to his bumper. I noticed some orange paint on his bumper but then afterwords I realized that there is no orange paint on the area that could have possibly hit his bumper.

The guy was yelling at me asking me why I wasn't watching.. I told him "you can up behind me.. what the heck were you thinking" I had a flashing blue becon on the top, as well as flashing lights behind the machine! It was VERY visible

He said he was watching me and he was stopped.. which is BS because I looked and he wasn't there when I started moving backwards.

Anyway, he wanted my info and I said "no, why should I give you my info, you HIT me "... I didn't want to give him my info because I thought it might be some kind of admission of guilt or something. I felt that since it was private property it was in my right to deny that information to him (I am not sure if there are laws about this). I was not "leaving" the scene of the accident since I still have snow to clean. In fact, our shop is in the same building. He said he was going to call the police and I said "good, you should get them to come" Anyway, after about 15 minutes he left and he told me the police will be paying me a visit. I said "well, then you should stick around as evidence", and he left!

So... I think he was definitely in the wrong.. There is NO damage at all to the back of my bobcat, I did not see any green paint on his bumper, etc.

The only thing I am wondering about was whether or not I was legally allowed to deny him my contact information?? If there was damage to my bobcat I would have gone after him to damages... But, I will chalk this up to a guy who wasn't thinking (he saw me going back in forth in one area and he DRIVES into that area even though he could have driven on the driveway part instead of the parking park).. Honestly, I don't even think the cops will show up.. But, I am SUPER annoyed right now at this guy and just had to vent... People don't think "big machine moving back and forth.. Hmm.. maybe I should drive up behind him!!"

Venting over!

Regardless of what you want, you're driving a vehicle. An accident occurred, which you were a party to. You are required by law to exchange information. This is not an admission of guilt, its just to allow the two parties to know who they were involved in an accident with. I'm not sure what law you'd be breaking by denying information, but police will likely come calling to collect your information.

[YLSF]

Regardless of what you want, you're driving a vehicle. An accident occurred, which you were a party to. You are required by law to exchange information. This is not an admission of guilt, its just to allow the two parties to know who they were involved in an accident with. I'm not sure what law you'd be breaking by denying information, but police will likely come calling to collect your information.


Ok.. thanks Dan.. That is what I was thinking after.. I wasn't sure if there was some law in regards to the exchange of information...

Edit: Is there something that show those laws apply on private property (vs on a public roadway)

[NDman]

Ok.. thanks Dan.. That is what I was thinking after.. I wasn't sure if there was some law in regards to the exchange of information...

Edit: Is there something that show those laws apply on private property (vs on a public roadway)

Well, it sounds like he tried to bully you, but you bullied him back (for denying giving him info, and daring him to call the police), and you won. Based on your description, he was at fault, and he left. Even if the police did come, he can't hold you to anything. You, inthe mean time, could get him on any damage on your bobcat (which there was none) too.

[YLSF]

Just a followup: According to the Highway Traffic act I found this (http://192.75.156.68/DBLaws/Statutes/English/90h08_e.htm) (I am going to double check the highway traffic act direclty from the MTO website) :

"Duty of person in charge of vehicle in case of accident

200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16."


So, it seems like the disclosure rules are only in respect to if the accident occurs on a highway.

[danfromwaterloo]

Just a followup: According to the Highway Traffic act I found this (http://192.75.156.68/DBLaws/Statutes/English/90h08_e.htm) (I am going to double check the highway traffic act direclty from the MTO website) :

"Duty of person in charge of vehicle in case of accident

200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16."


So, it seems like the disclosure rules are only in respect to if the accident occurs on a highway.

No, these discloures apply to all roadways. The highway traffic act applies to all roadways in its jurisdiction, except where superceded by regional or municipal law (for example, if this accident occured in a city where it said you CANNOT give information, then you're good).

I don't believe its a crime to NOT give your information, but you're almost assured of having the police involved when you do that. If you're not in the wrong, then really, its no skin off your nose.

[aquariaguy]

I don't think the police will come. Since it was in a parking lot which is private property. Same thing with accidents in parking lots. Police do not get involved. This guy will have to bring u to court and hopefull he'll lose cuz he ran into a machine. If it was me, i wouldn't mess with a bobcat.

[danfromwaterloo]

I don't think the police will come. Since it was in a parking lot which is private property. Same thing with accidents in parking lots. Police do not get involved. This guy will have to bring u to court and hopefull he'll lose cuz he ran into a machine. If it was me, i wouldn't mess with a bobcat.

If there's a traffic accident, the police don't care if its private or public property, they have to get involved by matter of law. In fact, if the damage is over a set amount (I think its like $500), you are required to notify the police.

Best thing to do about this: call your insurance company. Don't give them your policy number, cause GOD knows what they're allowed to do, but call them and make a general inquiry. No names, no numbers, nothing. They are better informed than we are on here.

[webdoctors]

Doesn't the highway traffic act only apply on public roads?

i.e. you can speed, drive drunk, etc. etc. on private property as much as you want. I think thats pretty clear from the Act's defenition....

U have the dude's license number, get the police to give U da rest of da info for an insurance claim if u want....

[chickenbones]

I remember reading somewhere that when you are in a parking lot everyone's at fault if you are both moving. Or the person who's NOT moving won't be at fault. I would file some sort of a report for the record, in case he files something and claim that you backed into him. With no witnesses it will be hard to prove.

[guest10586]

Any damage can be basically blamed on him. A bobcat doesn't move fast at all, especially backwards.

[crazdefool]

if that happened to me i would have lost it and messed up his car with the bobcat

[felixdd]

The cops won't come because:
1) The damage is too insignificant so the cops won't come for sure.
2) No injuries were reported
3) The accident already occurred a while before. Nothing to keep you from saying, "what collision?"

So you're good with the police and the law.

What about the insurance company? They will see you at fault since this is not a legal highway. The policy says they only cover you as long as you're on a legal highway. Both parties will have to pay for their own damage -- which is unnecessary because the damage is so little it's not worth reporting.

So sit tight -- you're probably fine.[/

[YLSF]

Just an update.. No cops came.. I think the guy was just trying to scare me.. Although, I knew if the cops came the only thing they could say I did wrong was not provide him my information. What annoyed me was the guy didn't ask to exchange information, instead he was DEMANDING information from me. The questions he asked weren't even relevant. He asked who I worked for, as opposed to who I was. He didn't ask for my license number or anything about me personally.

[midg8]

Just an update.. No cops came.. I think the guy was just trying to scare me.. Although, I knew if the cops came the only thing they could say I did wrong was not provide him my information. What annoyed me was the guy didn't ask to exchange information, instead he was DEMANDING information from me. The questions he asked weren't even relevant. He asked who I worked for, as opposed to who I was. He didn't ask for my license number or anything about me personally.


He was probably thinking of going after a big company to pay for repairs to his car, but realized he didnt have a chance and told u he would call the cops, and when that didnt do anything probably just told you he callled the cops and ran.

Hate those kinds of people. :mad: