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My son was involved in a parking lot accident. He was in the…

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My son was involved...

My son was involved in a parking lot accident. He was in the feeder lane pulling into the parking lot driving forward (north), then reverse into position (south). His backend was in the south. A parked car was parallel to my son, then the other driver parallel to that vehicle with his front facing south. My son facing north, the other party facing south, with a vehicle in between them. All vehicles are parallell to each other. As my son was backing into position, the other car pulls out from behind the middle parallel car and a collision occurs. Yes, my son was backing up when the accident occurred, but the other party pulls out from behind the parked car and the collision occurs. (Hope you can make sense of this.) The other party should have yielded to the right if you must obey traffic laws in parking lots. The accident took place in Alberta in a lot where everyone parks random directions. Not like in a mall parking lot where lines are visible. Who would be considered at fault. There was minor damage to the other parties passenger door and no damage to my sons vehicle. Because the damage was so minor (dent in his passengers door only), both parties agreed to get a used door and fix his vehicle themselves. Four months later, the other party gets his vehicle fixed at a professional autobody shop and sends us the bill for 1/2 of the $3200 damages. We say what? We agreed on a used door, how can you now say this amount. We do end up paying half of the damages - just out of kindness and ending this sitiation. Now they are suing for the remainder of the damages ($1700). When my husband paid the $1500, the other party would not sign a form I made to say this situation was ended. Just shook my husbands hand and said we had his word this was complete. Otherwise we would not have given anything. (few more details to explain) I really need legal advise as to what to do? I realize by paying the 1/2 or ($1500 ) it looks as though we were accepting fault, but we did this as to end this situation that had lingered on, plus we had a $1000 deductible if we had put it through insurance? Any advise?

Lawyer's Assistant: Do you need to appear in court?

Yes they have sued for the $1700 remaining saying we paid $1500 and now refuse to pay the remaining?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. This is our company insurance, so commercial vehicle, and our insurance broker (armour insurance out of lloydminster, Ab) made an error in our policy and issued a pink card and confirmation email saying we had coverage on this vehicle, but didnt bind it with SGI canada. The manager who we deal with for all our commercial vehicles (4) finally admits fault in this, but was hoping this party wouldnt sue us. Met with her in person as via phone calls was getting me no where. Lots of lies etc. She admits she screwed up, but??? The other party somehow got privy to this information that we supposedly didnt have insurance and that is why I think they are suing- thinking they can really screw us over (forgive my language). I have a pink card issued from this manager, an email proof of insurance. I have valid registration because of the pink card. How would I assume that I didnt have insurance. I most certainly would not drive, let alone let my employee drive a commerical vehicle without insurance. Been in business 25 years. Not that dumb. So the situation is more complicated than just the accident if that makes sense.

Lawyer's Assistant: What province was the citation in? And have you consulted a local attorney?

This was in Alberta. No I have just received this lawsuit via registered mail. Not sure how I should begin. Called the insurance ombudsman, etc.

Submitted: 1 month ago.Category: Canada Law
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Answered in 10 minutes by:
3/29/2018
Lawyer: Debra, Lawyer replied 1 month ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,619
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 1 month ago

I am sorry to hear this. There are two questions here. I am a lawyer and cannot determine fault.

If you want me to suggest how to deal with the insurance broker I can do that.

Let me know if that will help.

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Customer reply replied 1 month ago
Who determines fault if no adjusters were involved. At the time of all this I was told that if you are backing up it is considered automatic fault. Since then I've found out that it's 50/50 in Alberta - meaning they pay their insurance , I pay my insurance. I've been receiving misinformation from my insurance provider from the beginning. I did not proceed with action against my insurance broker when all this took place because it was such a small cost ( so I thought). Parties agreeing on a used door and because my son was an experienced auto body man they were going to fix it themselves. Now it turns out to be $3200. I would have most certainly put it through insurance for that amount. And this is all to say we are at fault. I don't even know whos at fault??
How then should I deal with the insurance broker cause I very stressed about this situation.
Customer reply replied 1 month ago
Do I have a case to fight this? I really need to know with the stress of all this plus paying all these fees ( both here and probably having to hire a lawyer. Is it worth it or in the end having these additional cost plus the sue cost of $1700. Feeling like all this isn't worth the stress and no one seems to have an answer
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