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Case 15 - Collision in a parking lot with no traffic signs
As used in this Agreement:
"Main alley" means a main thoroughfare used in a parking lot with no traffic signs.
"Side alley" means a cross lane feeding another cross lane or a main alley.
Liability for each driver involved in a collision on a main or side alley shall be determined as follows:
Portion of liability:
1) Vehicle 'Y' leaving a side alley must yield to vehicle 'X' travelling on a main alley.
2) Vehicle 'Y' leaving a parking space must yield to vehicle 'X' travelling on a side or main alley.
Contrary to popular belief...
Liability for an accident that occurred in a parking lot is not always 50% shared by each of the drivers involved.
Indemnity
Applying the Direct Compensation Agreement:
- Vehicle Y is responsible: the insured will be indemnified if the collision is covered under his insurance policy (section B of the Contract). The insured will then have to pay a deductible.
- Vehicle X is not responsible: the insured will be indemnified even if the collision is not covered under his insurance policy. The insured will not have to pay a deductible.
Note
The insurer must obtain the version of the accident from the persons involved. As a general rule, if the versions differ and there is no independent witness to corroborate one or other of the versions, responsibility for the accident is shared 50% - 50%.
For more information, contact your insurer.
You can also contact the Insurance Information Centre.
N.B.
The content of these web pages is provided for information only and to make it easier to understand the DCA. It is not legally binding. The official version of the DCA takes precedence. Your insurer will establish the portion of your liability in the accident.
Download the official version of the Direct Compensation Agreement.