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Accident in a parking lot: Who is really at fault?

A little “tap” while backing up. A door that opens a bit too eagerly. Or that classic moment when two cars back up at the same time.

Accidents in parking lots are common—and rarely as straightforward as they seem. So, who’s at fault? It’s almost never black and white.

A parking lot isn’t a rule-free zone

Contrary to what many people believe, a parking lot (whether commercial or private) isn’t a playground without rules of conduct.

Even though it’s not a public road, the principles of caution still apply:

Drive slowly
Watch out for pedestrians
Respect the unspoken rules of the road

In the event of an accident, insurers analyze the circumstances… not just “who was there first.”

➡️The classic scenario: two vehicles backing up

This is the classic scenario.

Two drivers back up at the same time and… collision.

👉 In this situation, liability is often shared.
Why? Because each driver has a duty to ensure the path is clear before backing up.

The moral of the story: if you’re backing up, you’re responsible for what happens behind you. Even if the other driver is too.

➡️ Moving vehicle vs. stationary vehicle

Here, it’s generally clearer.

One car is stationary in its space
The other is moving and collides

👉 The moving vehicle is usually at fault.

But be careful: there can be nuances. For example, a car that’s parked improperly or encroaching on the lane could share some of the blame.

➡️ Car doors: more dangerous than you think

A door that opens at the wrong moment can cause damage… and arguments.

👉 As a general rule, the person opening the door is responsible for ensuring it’s safe to do so. Yes, even in a quiet parking lot.

➡️What about pedestrians in all this?

In a parking lot, pedestrians are king… but that doesn’t mean they’re invisible.

The driver must:

Be extremely vigilant
Anticipate unpredictable movements

👉 In the event of an accident involving a pedestrian, the driver is often held liable, barring very specific exceptions.

Why it’s rarely 100% clear

Parking lot accidents are often judged based on:

The drivers’ accounts
Visible damage
Witness statements (if any)

But there’s also the ultimate judge of the 21st century: surveillance cameras, which will quickly settle the matter.

👉 Result: liability is more frequently shared between both parties.

And what about your insurance in all this?

This is where it gets important.

With auto insurance tailored to your situation, damage to your vehicle may be covered, just as your liability coverage protects you in the event of fault, and your case will be reviewed according to the rules established by the GAA (Groupement des assureurs automobiles).

But most importantly: you don’t have to handle this alone.

Our AGV Tip

In a parking lot, it’s better to lose 10 seconds than to cause an accident.

Take the time to check your blind spots, back up slowly, and be alert to anything that’s moving or might move. Because in the end, no matter who is “technically” at fault, a fender-bender never has any real winners.

 

An accident in a parking lot is rarely a matter of clear-cut blame. It’s a matter of context, caution, and sometimes, shared responsibility.

Our brokers will be your best allies to support you.
1-800-360-6880