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Category: Canada Law
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Experience:  Lawyer
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I was involved in a parking lot accident where I was backing

Resolved Question:

I was involved in a parking lot accident where I was backing out of my stall when my pick-up truck's back right bumper hit a smaller car which resulted in some damage to his right front bumper and light. There were no witnesses and I sustained no visual damage and his looked to be less than $2000 so no police were called although we did exchange information. I am waiting for his estimate of damages before calling my insurance company and was just wondering if I am actually 100% or 50% at fault and/or should I pay for this damage without involving my insurance company?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.

Debra Thal (username) :

What province is this please?

Debra Thal (username) :

Why would you only be 50% at fault?

Customer :

Alberta

Customer :

I understand that there is a 50/50 responsibility law concerning parking lots accidents in Alberta?

Debra Thal (username) :

Were you both driving or was this a parked car you hit?

Customer :

We were both driving

Customer :

I was half way backing out and he was driving foward in behide me

Debra Thal (username) :

Then it would be 50/50 in all likelihood.

Is he saying this is your fault?

Do you have an insurance broker as opposed to dealing directly with the company>

Debra Thal (username) :

?

Customer :

He did not verbally say that it was my fault, but I believe he is expecting my insurance company or myself to pay for damages... as I was initially thinking it would be my fault as well. My main concern would be avoiding increased insurance premiums, so wasn’t sure what my insurance company would be telling him as they may decide not to pay if this truly is a 50/50 case of liability?


 

Debra Thal (username) :

I agree the main issue is increased premiums.

That's why I asked about whether you have an insurance broker or deal directly with the company.

If you can go to your broker for advice that is optimal.

Debra Thal (username) :

But you cannot go to the company because once they hear about the potential claim it's on your file at once.

Debra Thal (username) :

I would suggest contacting your broker if you have one and if not consulting with a local lawyer and running the facts and the potential costs by the lawyer and advising how best to proceed.

Debra Thal (username) :


You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86291
Experience: Lawyer
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