Quick question on accident
 

I parked behind a row of cars illegally, and while I was in the bank my girl called from passenger seat saying car infront backed up hard and hit our car leaving a crack on bumper.

Whose at fault? 50/50? Also my girl was complaining of neck pain. What happens if we go through icbc?

Thx in advance
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I'd assume you'd be at fault for parking where no cars are supposed to be parked.. did he hit and run?

No we stayed and chat. We are talking privately now but just want to see other options
Posted via RS Mobile

Still go through ICBC but pay out on your own and your premiums won't raise.

this.

friend of mine parked inside some weird marked off area in metro parking lot, car got side swiped, and he was at fault, even though it's private property.

i think the word illegaly pretty much sums it up there..

was the car that hit you also parked illegally?
and dont mean to stir up a commotion but neck pain from such a low impact? was she wearing her seatbelt?

If both of you were illegally parked then probably 50/50, if only you were illegally parked and he wasn't it could be 75you/25him or they may give him full blame for not checking his surroundings etc. when backing out...and like stated above go to icbc whether or not you want to settle privately, especially if ur gfs neck is hurt...even if its not, its still a good idea to report it if in the future the other person doesn't pay you...

If OP claims the car was idling, since his girl was sitting in the car at the time of impact, would that effect the ICBC ruling?

There's many ways to look at it.. this is an interesting one.

Yes, the person who hit OP should've checked his surroundings..
But what they're probably gonna give you is "bottom line - you shouldn't have been parked there at all."

OP, how were you parked illegally?
And I don't mean to offend.. but I'm wondering how your gf's neck get injured.. I'd imagine she'd feel more impact going on a rollercoaster.

my friend's car also got hit when park in a no parking zone (residential are with the no parking sign)
ICBC ruled that if your car is park or complete stop ... whoever hits it is in the wrong.

the hitter argue that its my friend's fault because it is a no parking sign.. but ICBC grant 100% fault to the hitter anyway..

so he got the repair free

From my understanding the person who hits a stationary subject (i.e. OP's car in this case) is at fault.

ICBC will say it's the other guy's fault. He was the one backing up when it wasn't clear. The illegal parking won't affect the decision.

Someone's gotta say it though: if you hadn't parked illegally in the first place, you wouldn't now have to go through the hassle of getting your car repaired and having a claim on your record.

I'm pretty sure the car that's backing up will be considered 100% at fault. You are responsible for making sure the area behind you is clear when reversing.

You'd have to be a complete idiot to assume "gee, the area behind me is not normally used for parking, so I can just go ahead and back up whenever I want to and the area will be clear".

Wait so what did you and the other guy settle on?

thanks for your input guys. il update on friday after its all settled

I'll say it: your girl is a wuss. Or an insurance cheat, your pick.

tell your GF to go to doctors, if its from the accident (which i doubt) then talk to ICBC too

I hate to say it, but he's pretty much right. A very low impact accident will not cause enough soft tissue damage to warrant any sort of injury claim. As well, that sort of pain doesn't manifest for a couple days after the accident. When I wrote off my car (and it was powerful enough to sheer off the front right side of the car), I wasn't feeling any sort of pain until three or so days later.

my bet is 50/50 ..

You were parked behind them and your vehicle was backed into so that person will be at fault. Doesn't matter if you were parked illegally behind them.

For those that are arguing that because a car is parked illegally, they will always be at fault in an accident?

Sweet!

I'll just find any car that's parked illegally and start ramming it on purpose... I won't be at fault, right? :troll:

You gf was complaining of neck pain from your car bein backed into...... really?
Aside from that joke its the other guys fault you were stopped in park the other dude was moving his car and not paying attention and he hit you. The parking situation is irrelevant and the most you deserve is a parking ticket and ICBC doesn't hand those out that would be up to any attending police or bylaw enforcement.

parking lot accidents always go 50/50 from what Ive heard.

i remember i was backing out of a stall once and this guy besides me started backing out right after me before i was fully out and so when i went to turn out i scraped his door, they found me 100% at fault.. so no parking lot accidents arent always 50/50.

one thing for sure is ICBC will fuck you every chance they get. I got rear ended by a semi truck and somehow its 50/50