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Is it 50/50 or is he 100% liable?

by Renita

my husband was backing out of a parking space coming home from work when he hit a moving car behind him, he was only going 2-10 kilometers an hour. At the most.

He is wondering if he has to pay full liability or is it half and half in a parking lot. the lady never signaled or alerted my husband of his been close to hitting her, it was as if she never noticed him. She was in his blind spot.

So if you could give us some advice. we are deciding if we should pay for it ourselves or use insurance.


Hello Renita,

You are in Canada, which we do not cover or have knowledge of negligence laws there. If this accident was on the United States, the vehicle that hits from behind pays (100%). Some states argue that the vehicle in front have a duty to signal and warn about stopping. However, most states believe that this is the reason why you have break lights. If you are stepping on the break, you are warning that you are stopping.

In addition, parking lot accidents are at very slow rates of speed (usually). As you said, 2 to 10 KPH, which would indicate that the vehicle behind has a much greater chance to stop by tapping on the break. The fact that a driver is unable to stop may show lack of care and avoidance.

Again, this is what some states would do, but since you are in Canada, we have no idea how a Canadian court would handle this.

Good Luck

Comments for Is it 50/50 or is he 100% liable?

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Mar 17, 2012
by: Anonymous

I experience the same thing only i was rearended and thd ladies insurance is saying it is 50/50

Feb 10, 2010
Parking lot accident
by: Anonymous

My husband was parked in handicap parking. Looked both ways and proceeded to back out from space. He drives a long bed truck. Was in drive getting ready to pull forward when he was struck on the drivers side behind wheel and also pulled out his bumper. Other driver states that she was backing out from parking space and he struck her. Her damage was to the drivers side tail light. Is this a 50/50? The isle is 30 feet across. My husband was not sure where she came from, but he was clearly stopped and she hit him. So who is more liable here.

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