suggestions on fender bender

[sammyboi36]

my girlfriend rear ended a kia forte earlier today. she was coming out of her work parking lot while the car in front of her was exiting the lot but suddenly braked. she was checking her blindspot and when she turned her head back around it was too late. regardless, it was her fault.

she drives a highlander so her car is fine but the kia has a cracked rear bumper. i told her to try to settle it with cash and not go through insurance as she has a $1000 deductable anyway. the lady's car she hit will talk to her husband to see how they will proceed.

does anyone have any suggestions as how my gf should proceed with the situation? if anyone been in a similar situation, what did you guys end up doing?

[JonsMazda]

my girlfriend rear ended a kia forte earlier today. she was coming out of her work parking lot while the car in front of her was exiting the lot but suddenly braked. she was checking her blindspot and when she turned her head back around it was too late. regardless, it was her fault.

she drives a highlander so her car is fine but the kia has a cracked rear bumper. i told her to try to settle it with cash and not go through insurance as she has a $1000 deductable anyway. the lady's car she hit will talk to her husband to see how they will proceed.

does anyone have any suggestions as how my gf should proceed with the situation? if anyone been in a similar situation, what did you guys end up doing?

I believe in parking lot it goes 50/50. So they might that cash instead of going through insurance.

[XTOTHEL]

It'll be about $1000 repair job at a collision shop.

[Jenuine]

I believe in parking lot it goes 50/50. So they might that cash instead of going through insurance.

How is it 50/50?

The insurance companies follow guidelines to determine fault. Even though it happened in a parking lot, OP's girlfriend will still be 100% at fault for rear-ending someone.

[mathew.poulos]

How is it 50/50?

The insurance companies follow guidelines to determine fault. Even though it happened in a parking lot, OP's girlfriend will still be 100% at fault for rear-ending someone.

This. I was hit in a parking lot last February and I was 100% NOT at fault. My insurance actually dropped at renewal

[schmat66]

false i thought in a parking lot it is no fault... aka cover your own

[Jenuine]

false i thought in a parking lot it is no fault... aka cover your own

I believe in a parking lot or private property, if police are called they won't determine fault (lay charges), but regardless, the insurance companies determine fault independent of the police. That's why some people in accidents can come out with for example, a careless driving charge AND an at-fault collision that's both rateable by their insurance company.

[Fack_Dude]

Tell your girlyfriend to stop texting and driving. Problem solved. By the way. It's cheaper to take public transit. ;)

[mathew.poulos]

false i thought in a parking lot it is no fault... aka cover your own

I was driving and a lady started to back out of her spot without looking... There is no way my insurance would make me pay

[goodcase]

Last winter I was hit in a parking lot. The lady in front of me stopped and reversed without looking. We tried to settle outside of insurance, but she was unwilling to pay for the full amount for the cost of the repairs (just over $1000). I called my insurance company and reported the accident and within a day I was contacted saying that I was 100% not at fault and that her insurance would cover the full balance amount. On top of that my deductible was waived and I was provided with a rental car.

This sounds like a similar situation. All I can say is, pay what the quote is otherwise it will go through insurance.

[Pacman]

Insurance rules still apply in a parking lot. At least in my situation they did. Was stopped waiting for a car to back out of spot when a guy perpendicular to my car got in and backed up. Destroyed my rear passenger door. He was 100 percent at fault. I paid nothing insurance didn't go up and I got a rental car etc.

[peterm15]

My mother was backed up into and she had to cover her own.


Its a 50/50 chance.

Rear bumper on an 09 civic painted and installed by the dealer was about 900 all in. Id say eat the cost and pay cash for the damages.

[sammyboi36]

thanks for inputs. hopefully victim willing to settle out of insurance. and she wasn't texting

[CloudPump]

I believe in parking lot it goes 50/50. So they might that cash instead of going through insurance.

Incorrect.

-Geoff

[CloudPump]

false i thought in a parking lot it is no fault... aka cover your own

Incorrect.

All accidents in Ontario are "cover your own".

If I slam into your car and am 100% at-fault... your company pays to fix your car. This is what no-fault insurance is... the term no-fault is one of the many large misconceptions I encoutner on a daily basis at work.

-Geoff

[CloudPump]

Fault determination rules apply to parking lots as well.

In the instance where Car A is hit from behind by Car B, Car A is 0% at fault and Car B is 100% at fault.

That said, here are your options:

Go through insurance - This will go down as an at-fault loss against your girlfriend. Size of the claim payout does not matter, whether $1.00 or $1,000,000 is paid out, an at-fault is an at-fault. If your girlfriend has an accident waiver on her policy, it will be consumed (I'm not going to get in to the nitty-gritty mechanics of accident waivers here)

Do Nothing - Will end up being the same as the first option, just because your girlfriend did not put the claim through, it doesn't change anything. This accident will still show up on her claims history report.

Settle between each other - If the damage isn't all that bad, this may be your best option, however there are risks (which I'll cover). First off, have the other driver get a few estimates from different shops on the cost of the repair. Second, be prepared to pay for a rental vehicle for this person to use during the repairs (their insurance would have given them one and this is something that many people don't consider when settling between each other).

Now the "risk" in the third option is that I have seen multiple instances where the person whose vehicle was damaged will take the money from the other person... and then go put in a claim anyways and get insurance to pay for it. Offer to pay the bodyshop directly if you go this route, don't just give money to a stranger.

-Geoff

[CloudPump]

Last winter I was hit in a parking lot. The lady in front of me stopped and reversed without looking. We tried to settle outside of insurance, but she was unwilling to pay for the full amount for the cost of the repairs (just over $1000). I called my insurance company and reported the accident and within a day I was contacted saying that I was 100% not at fault and that her insurance would cover the full balance amount. On top of that my deductible was waived and I was provided with a rental car.

This sounds like a similar situation. All I can say is, pay what the quote is otherwise it will go through insurance.

Deductibles do not apply for not-at-fault accidents. Only for at-faults or for comprehensive claims.

-Geoff

[S.F.W.]

Offer to pay the bodyshop directly if you go this route, don't just give money to a stranger.

-Geoff

This part is particularly good advice. If the other person does not want you to pay the shop directly, they are likely trying to scam you.

[Pacman]

This part is particularly good advice. If the other person does not want you to pay the shop directly, they are likely trying to scam you.

Getting the person to sign a letter saying that they received funds and waive their right to report to insurance should help, shouldn't it?

[CloudPump]

Getting the person to sign a letter saying that they received funds and waive their right to report to insurance should help, shouldn't it?

No.

Waivers of indemnity aren't worth the paper they're printed on. Nothing in law is cast in stone, but the generally accepted practice is that you can't sign away your rights. Waivers are more a tool to discourage lawsuits because the uninformed believe they have signed away their rights.

That said, if something was signed, you would have a strong case to pursue this person for fraud, as they would have entered into a written contract with you for which the terms were broken. They would have to give the money back (in theory), but this wouldn't prevent them from claiming against their insurance (which is really what the OP is trying to avoid).

-Geoff

[Sivart444]

Great advice Geoff. When i was in my last accident i payed it in full, and dealt directly with the shop repairing the persons car.

My girlfriends mother backed into someone the other day, and he kept playing the "Well just give me $500 cash and we can forget about it" (On a van worth 1000$, TOPS) and when she held her ground they eventually just left and that was the end of it.

[sammyboi36]

Thanks geoff for the pointers.

[switzah]

Parking lot is not 50/50. I work as an auto claim adjuster and find a lot of people in ontario think this which is definitely not true.

[Jenuine]

Parking lot is not 50/50. I work as an auto claim adjuster and find a lot of people in ontario think this which is definitely not true.

Which is what confuses me... lol. They think that if they hit someone in a parking lot, they can just shrug their shoulders and drive off with no consequences.

[switzah]

Which is what confuses me... lol. They think that if they hit someone in a parking lot, they can just shrug their shoulders and drive off with no consequences.

Yeah I don't know... I'm not sure why people had thought it's 50/50 but a lot of people do think it is! Doesn't make sense especially if your car was parked and was hit lol

[leungalv]

Ontario Fault Determination Regulation 668

http://canlii.ca/en/on/laws/regu/rro-1990-reg-668/latest/rro-1990-reg-668.html