Question:

Who is at fault in this Ontario parking lot accident?

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Alright, so I was slowly driving along the lane through the parking lot, and a lady backed into the side of my car, damaging the right rear door and very edge of the quarter panel by the wheel well. She claims that I "indicated to her that I was going to yield" and said I swerved my car to get out of the way of her backing out.

I didn't see her at all, and certainly didn't move to get out of the way.

Given the position of the damage on my car, and the situation, who is at fault?

Thanks

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4 ANSWERS


  1. The lady that backed into you is at fault. Why would you even move if you "indicated to her that you were going to yield" It is clearly her fault and any competent insurance accident investigator will know this.  


  2. Whether or not you indicated you were going to yield, she hit you, and she is at fault.

  3. she is.  even if you did indicate you would yield, the burden of proff is on her as she was backing.  further the distance towards the back that the damage occurred would indicate she is FO Baloney and just trying to hide her mistake.

  4. the party backing has the greater duty to look to the rear.

    Also points of impact would indicate you were already complete behind her and in what we call the "impact zone".  No matter what the impact could not have been avoided.

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