Parking Lot Accident: What to Do if Your Car Gets Hit

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Parking lot accidents are common incidents, and they can cause real headaches when it comes time to determine who is responsible and how to get compensated. To help you react quickly and appropriately in such a situation, we’re shedding light on the topic. Here’s what you need to do if your car is involved in a parking lot accident.

Parking lot accident: who is at fault?

You may believe that responsibility is automatically split 50/50 between both drivers involved in an incident occurring in an unsigned parking lot. You’re not alone—but in fact, that’s a myth!

So how do auto insurers determine responsibility when this type of parking lot accident occurs? They refer to the Direct Compensation Agreement (DCA) of the Groupement des assureurs automobiles (GAA). This agreement provides tools—mainly detailed, pre-established grids—that allow them to assess the responsibility of parties involved in an accident occurring in Québec. However, if the drivers’ statements contradict one another and there is no independent witness, responsibility may be shared 50/50.

What the Direct Compensation Agreement says

The DCA sets out several key concepts to help insurers determine responsibility when a parking lot accident occurs:

1. Priority is given to a vehicle travelling in a lane over a vehicle exiting a parking space.
2. Priority is given to a vehicle travelling in a main lane over a vehicle travelling in a secondary lane.

*In a parking lot without signage, a main lane is defined as a primary road used to enter, exit or circulate. A secondary lane is considered a lane that feeds into a main lane or another lane.

What to do to be compensated

If your car is damaged while you’re inside a store

You’re about to load your groceries into your car when you notice a new dent on the door. While looking for the person responsible, you realize they left the scene without identifying themselves. Bad news! You’re dealing with a hit-and-run.

Here are the steps to follow in the event of a hit-and-run:

1. First, contact the police to get a report.
2. Next, contact your insurer as soon as possible so they can guide you through the steps to follow.
3. File a claim with your insurer if you selected “collision and upset” or “all perils” coverage when you signed your auto insurance policy.
4. Don’t have either coverage? In the case of a hit-and-run, the Société de l’assurance automobile du Québec may compensate you.

If your car is damaged and the responsible party identifies themselves

A motorist hits your parked car? You are driving in a main lane and a motorist driving in a secondary lane collides with your vehicle? You are not responsible for this parking lot accident. The other driver is at fault. If they identify themselves, you can resolve the situation using a joint accident report.

Here are the steps to follow if the at-fault driver identifies themselves:

1. First, accept no responsibility and assign no blame.
2. Are there injuries? Call emergency services. If not, proceed to the next step.
3. Fill out a joint accident report together. This document is available electronically. If you don’t have one, simply note the following information:

  • Contact information and driver’s licence numbers for both motorists;
  • Name of the insurer and insurance certificate numbers for both motorists;
  • Licence plate numbers for both vehicles;
  • Date and time of the incident.

4. If possible, photograph the damage and the position of the vehicles at the time of the accident.
5. Contact your insurer promptly and explain the situation. They will guide you through the steps to file a claim. Since you are not responsible, you will not have to pay a deductible for repairs.

If your vehicle is damaged by an employee

What happens if your parked car is struck by a shopping cart handled by an employee or hit by a store’s delivery truck? In such a situation, the business’ civil liability is at stake.

Here’s what you need to do:

1. Immediately notify the store manager of the incident and of the damage to your vehicle, and ask for their commercial insurance certificate number.
2. Contact your insurer promptly to inform them of the situation. Once again, since you are not responsible for the accident, you will not have to pay a deductible for repairs.

If you are responsible for a parking lot accident

Since mistakes happen and no one is immune to them, it’s important to know what to do if you hit a vehicle in a parking lot.

Here are the steps to follow if you are responsible for a parking lot accident:

1. Stay on the scene and identify yourself.

Important: According to the Highway Safety Code, committing a hit-and-run may result in a fine and 9 demerit points. Also, leaving your contact information on the windshield of a car you damaged is not good practice!

2. Follow the steps described above for completing a joint accident report with an identified at-fault driver.

Good to know: If you are found 100% responsible for the accident, you will have to pay the deductible stated in your auto insurance policy for repairs. If you are found 50% responsible, you will only have to pay 50% of that deductible.

The best protection for peace of mind

You don’t want to deal with unnecessary stress every time you park your car to run errands. That’s why “collision and upset” and “all perils” coverage exists! By choosing either option, you get the highest level of protection available for your vehicle—whether it’s parked or not!

Contact one of our agents to add one of these coverages to your car insurance policy!