PDA

View Full Version : 50/50 Rule?


custy
Jun 21st, 2009, 07:07 AM
Hi there

What is this 50/50 rule for fault for accidents in a parking lot? A friend 's car was involved in a minor collision in a parking lot @ a plaza on the weekend and I have to go with him to the collision reporting centre on Monday (Closed over the weekend).

Thanks

45ED
Jun 21st, 2009, 07:42 AM
For a number of reasons it is possible your premium will go up at renewal but NOT because of a 100% no fault accident. That should not impact your premium. If your premium increases, it would be for other reasons - not a no fault accident. Premiums sometimes go up for a driver even if there is no change to their record. In that case, it is worthwhile to start looking around for other quotes. I've copied a few things, but see the link below for more info about no fault insurance:

http://www.ibc.ca/en/Car_Insurance/ON/No_Fault.asp

How does an at-fault accident affect me?

You can be anywhere from 100% to 0% at fault. Any driver who is more than 0% at fault will have an “at-fault” accident on his or her insurance record.

If you are found at fault for any percentage of the accident, your premium may go up on renewal. However, some companies allow you to maintain your driving record or premium after your first at-fault accident. To confirm your company’s approach and how your rates will be affected, check with your insurance representative.



Some people mistakenly believe that parking lot accidents are always 50/50 fault. This is NOT the case (at least in Ontario). The fault determination rules that insurers use to determine fault, cover parking lots. Rule 17. (1) seems like it applies to your situation:

16. (1) This section applies with respect to incidents in parking lots. R.R.O. 1990, Reg. 668, s. 16 (1).

(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in accordance with this Regulation as if the thoroughfare were a road. R.R.O. 1990, Reg. 668, s. 16 (2).

(3) If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (3).

(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 16 (4).

(5) In this section,

“feeder lane” means a road in a parking lot other than a thoroughfare;

“thoroughfare” means a main road for passage into, through or out of a parking lot. R.R.O. 1990, Reg. 668, s. 16 (5).

Rules for Other Circumstances

17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (1).

(2) If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (2).

And:

Google Search for RFD - Search Query "50/50 rule for fault for accidents" (http://www.google.ca/search?hl=en&cr=countryCA&q=+site:www.redflagdeals.com+50/50+rule+for+fault+for+accidents)

45ED
Jun 21st, 2009, 08:00 AM
Collision centers closed on weekends nowÉ
.
Hi there

What is this 50/50 rule for fault for accidents in a parking lot? A friend 's car was involved in a minor collision in a parking lot @ a plaza on the weekend and I have to go with him to the collision reporting centre on Monday (Closed over the weekend).

Thanks

I think OP knows that, Molala. ;)

custy
Jun 21st, 2009, 08:00 AM
Yes, I even called the YRP hotline. They close on Sundays.

luca_pacioli
Jun 21st, 2009, 08:07 AM
Hi there

What is this 50/50 rule for fault for accidents in a parking lot? A friend 's car was involved in a minor collision in a parking lot @ a plaza on the weekend and I have to go with him to the collision reporting centre on Monday (Closed over the weekend).

Thanks

I was wondering the same thing when I saw the aftermath of an accident this weekend in a plaza. It looked fairly minor. On a side note, I got a great meal for only $5.00 at one of the takeout places in the plaza!

luca_pacioli
Jun 21st, 2009, 08:09 AM
.


I think OP knows that, Molala. ;)

I don't, that's why I was asking. I'm thankful that I don't know wuch information! ;)

Molala, you need to take your keyboard off french so your "?" shows up properly.


Collision centers closed on weekends nowÉ