In Ontario, car accidents involving illegally parked vehicles can raise questions about liability and insurance claims. If you’re involved in an accident where one of the vehicles is illegally parked, understanding who is at fault and how the law works is crucial for protecting your rights.
Who’s Liable?
In Ontario, the driver who causes an accident is typically responsible for the damages, even if the other vehicle is illegally parked. However, the situation can be more complex if the parked vehicle obstructed traffic or was in a hazardous location. In these cases, the illegally parked vehicle’s owner might be partially or fully responsible for the accident.
For example:
- If a vehicle is parked in a fire lane, street car loading or offloading lane, blocking traffic or visibility, and causes an accident, the owner could be held partially liable.
- If the driver could not avoid the illegally parked car and a collision occurs, the fault may still lie with the driver, but they may have a case for contributory negligence if the illegal parking was a significant factor in the accident.
What You Should Do:
- Document the Scene: Take photos of the illegally parked vehicle, its location, and any relevant traffic signs or obstructions.
- File a Police Report: If the illegally parked vehicle caused or contributed to the accident, having a police report can help establish the facts.
- Contact Your Insurance Company: Notify your insurer about the accident, even if the other vehicle was illegally parked. Your policy will guide how the claim is handled, especially if liability is disputed.
- Consider Legal Advice: If you’re unsure about liability or if the accident caused significant injuries or damages, consulting with a lawyer can help you navigate the complexities.
Accidents involving illegally parked cars can be tricky, but in Ontario, understanding who is liable depends on the specific circumstances of the incident. Ensure you gather all necessary evidence, report the accident properly, and consult with a lawyer who specializes in personal injury to protect your interests.