Parking Lot Accident, who's at fault?
 

Hi Guys,

Buddy and I got into an accident in a parking lot. He was driving, and I was the passenger.

It happened at the BCIT parking lot near the gym.

My buddy was driving, he spotted two free parking stalls on our left side.

He drove in the further stall to park the car, it was a bit crooked.

He did the 360 check, backed up to fix the parking, while looking behind in the rear mirror. It was clear. Then he put it in gear, drove the car forward to complete the parking.

Then boom, a volvo ran us over. The volvo hit us with his front bumper(Left side) on our rear bumper (left side).

He said he squeezed in behind is to get by.

Who's is at fault?

My buddy to talked to ICBC. ICBC deemed my buddy to be 100% at fault, since the volvo had the right of way.

Would you agree with ICBC's decision? If not, is there a way we can dispute it? The volvo literally ran us over, while we were parking.

Could you not use terms like "ran us over" since you clearly weren't actually run over. You were just hit.

Your story is rather confusing by the way you tell it. From what I gather, your buddy was readjusting his parking and reversed the car. While still out, it hit a volvo that was going straight.

If this is how the story played out, your buddy is 100% at fault.

the vehicle moving in / out of the parking stall is at fault.

vehicle moving along the roadway in the parking lot has right of way.

yea person coming out of the parking stall is almost always 100% at fault

I have to agree with icbc's decision, cause he is the boss.

The person who's coming out of a parking spot needs to make sure it's clear before moving out. Your buddy is 100% @ fault.

Your buddy needs to learn how to drive, buddy.


I love it when people backing out of parking stalls get pissed off when I dont stop. Stopping is a courtesy.

or start reversing into stalls.

If it was an old Volvo and your "buddy" has since caused enough damage to total said Volvo i'm gonna pissed at your "buddy", buddy.

People in the driveway/parking lot have the right of way. Your friend must have missed it during his 360 check if he did it at all

buddys fault, shouldve double checked after he put it in gear

if you can prove that the volvo was speeding in the parking lot then its sometimes a 60/40 or 70/30, rarely 50/50(unless he is doing 50 or some ridiculous speed)

if you can't prove it, then there is no point in disputing

bcit does have cameras, you could talk to the security to ask them to view the tape if you give them exact day and time, IF they do actually view the footage and determine that the volvo was speeding then you can discuss it with icbc, they would need a copy tho

as mention, person doing the parking is always at fault...

your story is slightly confusing, so your buddy got hit after he already reversed and then put it into gear to move forward? i think that's quite sometime for the other driver not to notice your buddys car is sticking out unless he was driving faster than usual and couldnt stop in time. wouldn't it make more sense for your buddy to be at fault if he got hit while reversing not in the midst of already moving forward? but who can win with ICBC right?

and wtfs the other car trying to do squeezing in.. if a car is already reversed and sticking out wouldn't you wait for a fckin second?

sounds like the driver of the volvo sucks at driving or we're not hearing all 3 sides of the story.

cool. thanks RS.

edit:

btw just to clear it out, this sums up what happened:


thanks for everyones input. well try to watch/obtain a footage of the security camera from bcit.

the liability decisions are not based on "10ths" of percentages, only "25ths"

so the possibilities of liability decision are

0/100
25/75
50/50
75/25
100/0

100% ur fault cause when ur parking u yield to traffic even if ur re-adjusting.
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Illicitstylz thanks for clearing that up

I thaught it was only your fault if you where backing up. If you are pulling forward after moving back means the Volvo Had enough time to see you go back and start pulling ahead and not hit you. Either way Icbc will Probly make it 50/50 so they can screw both of you.
Posted via RS Mobile

So wait, What I gather is that you were stopped half way out of the parking lot for a period of time then the volvo ran into your car? Did he see your car for an ample amount of time? It is hard to follow your story because you tended to use loaded qualifiers in your description, ie "run over" instead of "hit, makes it seem more violent/serious than it is.

its most likely going to be 50/50. There was this one time where i was backing out and the car directly behind me was backing out and the guy was a old phillipino with neck problems so he kept reversing and reversing and he hit my car and because my car was stopped but the gear was in reverse i was held 50% liable which is bullshit i didnt even move my car.

I think the only way you'd even have a chance at it being 50/50 is if the volvo hit you head on, ie. his front bumper hit the side of your car.
If it was the corner of both of your bumpers, or your rear hit the side of his car, you're pretty screwed, regardless of if he was speeding.

yeah. the thing was we were visible to him. we were about halfway out. the stall to our left was empty. it happened around 5:30pm. at least he could have seen our tail lights, trying to park.

what you guys said are in sync with icbc's decision. he is deemed at fault because the volvo going straight had the right of way. which kinda sucks.

sorry, he didnt ran us over. both bumpers just kissed each other. his was scratched more than ours. worse case scenario, the volvo gets a bumper replacement on my friends expense.

^if its scratches then its a repaint work order

if its the side of the bumper sometimes icbc will put down to just paint that damaged section, making it cheaper for your friend

if your friend is worried about his insurence going up, or losing discount then he can choose to pay out the claim, so whatever the cost of the repair was then your friend pays it out.

doesnt matter.. I had a similar accident.. I was pretty much fully out, only a quarter part of my front end was still in the stall.. i was reversing to the left, and had my head turn left.. no car coming in that direction for sure as there was no cars parked in the 2 stalls on my left... I looked back to the right, no cars, shifted into 1 (still had clutch in, and it was rolling slowly back from going in reverse while getting off the breaks to go forward) and I hit something.. looked back there was a car sitting right on my ASS! oh yea, it was 1pm after lunch when its bright and sunny..

ICBC said it was my fault 100%... told them about the situation, they said it doesnt matter as I was still in the parking position (while still being on a slight angle)... I told ICBC to FUCK off...