Q: pull-throughs.. what is the rule?

[KenYork]

Decided not to thread crap Steve's thread so I started a new thread.


You can never be too cautious. It only takes that one moment of inattention, or that one driver speeding through the parking lot at the right time, in the right place. I usually look for pull-throughs but never used to go for them religiously, now I'm actively pulling through so that I never have to back out, or I take the time to back into a parking spot. I've had a few close encounters while backing my car out of parking lots and driveways (my cars prior to this Mazda that is), but after what happened to my friend's Rav4 and this incident, there is no longer any reason why I should not take the time to keep myself and my car safe.

On the topic pull -throughs, what happens if you get hit crossing through a parking spot, or if you hit someone crossing through? What about backing into a parking spot and someone decides to pull-through, who is at fault?

[PearlM3]

I believe, for the most part the general rule is that if you do the rear-ending, your at fault. But ontario has no fault, so it does not matter.

[Silv3r]

I believe, for the most part the general rule is that if you do the rear-ending, your at fault. But ontario has no fault, so it does not matter.

I don't think you understand the meaning of Ontario No-Fault insurance. There is always a degree of fault, its a matter of how much and on whom.

If vehicle A is cutting across parking spots through a parking lot, reversing out of a parking spot or pulling into a parking spot and and collide with vehicle B who is in a thoroughfare or feeder lane at the time, vehicle A would be at fault 98% of the time. When both vehicles are doing some shady stuff that is when you get into partial fault to be given out to everybody.

When both vehicles are trying to pull into the same parking spot, thats where other factor and discretion of the adjuster comes into play. Things to be considered are who was there first, who was more established in the spot, there is always onus on the vehicle reversing than on the vehicle going forward, did someone have the blinker on, was someone turning from the left or right side of the road. Each scenario has to be judged by its own merits so it is hard to "cookie cut" it in terms of who would always be right or wrong in these scenarios.

[KenYork]

So it's ok to cross through onto a parking spot while someone is backing into that same spot?

[Dan Da Man]

parking lots are private property... the highway traffic act does not apply to them... dangerous driving does though which of course is a criminal charge... and there's the trespass to property act which is provincial...

[KenYork]

parking lots are private property... the highway traffic act does not apply to them... dangerous driving does though which of course is a criminal charge... and there's the trespass to property act which is provincial...

I wonder if trespassing would work in steve's case.

[Default User]

Parking lots being private property, does that mean propert management is liable for damages (in some cases)

a buddy of mine parked at her local Sobeys to buy groceries for a party.
She came out to find someone backed into her bumper and fled the scene.
The GM @ the sobeys covered the cost out of "goodwill" (considering she spent $100+ there 5 minutes ago)

now, is the Property management responsible for this payout?

[m_bisson]

nope.

All those stop signs or speed limit signs you see in parking lots don't mean you have to follow them. But it certainly is a good idea to do so, out of courtesy for other drivers and pedestrians.
The place you park at even needs to have "by-law" signs posted listing which specific by-laws apply, or else they can't even give you a parking ticket if you take up 4 spaces with one car.

[stevenma188]

I wonder if trespassing would work in steve's case.

I dun think that would work, since the person had permission from another tenant on the property to be there.