Stealing a Parking Space Collision

A friend of mine was reciently in a accident in a parking lot. She was backing up into a parking stall and another veh thought they would try and steel the space and shot out from the drive through and raced over to the spot this driver also was a new driver and did not have their n displayed on veh. The driver knew that my friend as already backing into the spot. When my friend went to icbc they told her it was her fault and told her the insurance will be increasing to 7100 she has had a previous accident a year or so ago. y friend has witnesses and pictures and you can even tell by the damage on the car the other person was at fault.

Do you have some advice or information I can read. This will be the second time she has been taken advantage of by icbc. Last time they were to let her know how much damages were so she could pay it out of pocket instead of insurance going up. After repeated phone calles to icbc and never getting any info they just raised her insurance and in a polite way told her to bad deal with it

Well ICBC loves he said she

Well ICBC loves he said she said and using fear agianst you. We will do this we will do that we will ruin you.

They will look at it this way they said this. They said that 50 50 both drivers move back 2 steps. Parking lots tend to be 50 50 unless you have a witness or 1 side says I screwed up. The problem is people don't want to lose the discount an lie all the time. If the witness was in the car then they won't even bother calling them that's what ICBC does. you want to fight the 50 50 they threaten you with 100 percent fault. It's a joke really dealing with ICBC nothing but a big headache.

I was hit in a parking lot the driver admited fault unless 1 does your both screwed basicily. My advise get a lawyer and just report it and that's it. Don't give details what happened anything just speak to my lawyer. They will ask 10 times everytime speak to my lawyer.

 

You could sue for insurance coverage

Just like DriveSmart said:

Your only other real option for retribution is to begin litigation and to retain a lawyer (or learn incredibly quickly).
Quite often counterparties feel more compelled to see your side when the papers for litigation have been properly prepared and "flashed", but your attack strategy has to be well in-place; no point of bluffing these situations - be ready to follow through.

Regarding the situation:
If the vehicle who "stole" the spot was stationary (or can reasonably claim being stationary) there is almost a zero chance of even a shared liability. So if the damage on the other vehicle is on the bumper caused by your friend backing up into the stall, the other driver can reasonably say that they were in the spot "fair and square" - parking break on, seatbelt undone, ready to get out, then the chances of a convincing case are bleak.

There is no road situation I can think of where a vehicle backing up has the right of way (DriveSmartBC?).
Therefore I cannot imagine a convincing legal scenario where your friend did everything by the law, yet still suffered damages due to unlawful actions of the other party. Since a lot of accidents happen when backing up - people are generally bad driving backwards, there is a bias against a driver that is reversing.

There is an onus on your friend to continually ensure that the space infront of the vehicle travel path (behind the vehicle) is free of obstruction, people and private property. Checking the spot then assuming that it will be "free" for an undefined period of time is not "prudent" or "responsible", any driver has a duty and an obligation to see where they are going at all times.

Your case would have to "hang" on what the other driver may say, if you subpoena them as a witness in your case against ICBC. Provided that the other driver's testimony could potentially put damaging liability on ICBC, the driver will be represented by the ICBC lawyers. I doubt that the other driver would be advised to testify...  the defence will let your friend build their case first and then look to destroy it first rather than to allow unskilled testimony into the mix.

None of the above is legal advise, and not to be misconstrued as such. (especially from Anonymous users on the Internet)

Morally I can say what you describe happened does suck, let it be a lesson to your friend and firstly ALWAYS LOOK in the path of vehicle's travel; secondly position the vehicle in such a way as to prevent other vehicles from entirely moving into the parking spot behind it.
 

Answer

There are a couple of case law articles that include backing up collisions, but nothing exactly like this one. I've done a search on parking in the case law category. I'll leave you to sift though them and see if it gives you some hints. Even if the case is not exactly the same, you will see how the courts tend to decide liability and ICBC is supposed to find it in the same way.

You can search Supreme and Appeal Court Rulings and Provincial Court Rulings on line.

That said, your friend may wish to take advantage of Lawyer Referral. It is a very inexpensive way of getting expert advice.

 

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