DOES A PARKING LOT ACCIDENT GO ON YOUR DRIVING RECORD?

by | Dec 11, 2023 | General Videos

Many drivers wonder about the implications of a parking lot accident on their driving record. It’s a valid concern, given the potential for insurance rate increases and other consequences. The answer, however, is not straightforward and depends on several factors.

Understanding Parking Lot Accidents

General Impact on Driving Records

Typically, parking lot accidents do not directly affect your driving record. This is because such incidents often occur on private property and may not involve the police. The main concern in these situations is the handling of damages and fault determination, which is usually managed through insurance companies.

At Fault Determination by Insurance Companies

In a parking lot accident scenario, insurance adjusters play an important role. They assess the incident and determine fault based on the circumstances of the accident. For example, if one vehicle is parked and another moving vehicle hits it, the driver of the moving vehicle would likely be deemed at fault and be responsible for the damages.

When Parking Lot Accidents May Affect Your Record

Involvement of Criminal Charges

There are exceptions where a parking lot accident could impact your driving record, especially if the driver commits a criminal offence. Dangerous driving, including speeding or reckless maneuvers in a parking lot that endangers the public, could lead to serious charges under the Criminal Code.

Convictions and Driving Records

If a driver is charged and subsequently convicted of a criminal driving offence resulting from a parking lot accident, that conviction would indeed be recorded on their driving record. Such convictions can have significant implications, including affecting your insurance rates and your ability to drive.

While most parking lot accidents do not directly impact your driving record, situations involving negligent or dangerous driving that result in criminal charges can lead to convictions that are recorded

At OTD Legal, we are committed to providing comprehensive legal assistance for a variety of traffic related issues, including navigating the complexities of accidents and charges that may arise from them. If you’re facing legal challenges or have questions about your driving record, contact us for advice and representation with a free consultation.

Video Transcription:

Does a parking lot accident go on your driving record? This is a question that we are asked from time to time. And the answer is actually complicated. In most cases, no, it would not affect your driving record. And here is why. If we went to the local grocery store and two vehicles parked, and for whatever reason, while navigating into that parking spot, there was an accident.

Both insurance companies for both vehicles would likely be involved. Parties would exchange information. And there would be two adjusters from each insurance company that would decide and attribute fault and decide on what proportion of the bill would be afforded to either company. If the one car was parked, for example, obviously the driving or vehicle in motion would be the at fault vehicle and they would be picking up the bill for the damage that was caused.

If the driving of another driver in that same parking lot was driving at high speed making abrupt turns while members of the public were crossing their cars, crossing the road, and public was at risk, well then there would be charges and obviously those charges would be quite serious. And those charges most likely would be under the criminal code and if charged under the criminal.code, The fact that it happened in an accident, or it happened in a parking lot, does not give any particular immunity. If a judge heard that the driving was that bad, and a judge was convinced that it was, say, dangerous driving, there would be a conviction. So, if there was a conviction for that, yes, then indeed, that would go on your driving record.

<a href="https://www.otdlegal.ca/about-us/ron-harper/" target="_self">Ron Harper</a>

Ron Harper

Author, Owner of OTD Ticket Defenders Legal Services and Licensed Paralegal

Licensed Paralegal & Founder of OTD Ticket Defenders Ron Harper holds a BA in Psychology, a Certificate in Public Administration, and an Honours degree in Political Science, along with a Master’s in Judicial Administration. With over 40 years of experience in traffic law, including years of experience as a Prosecutor, Ron Harper leads one of Ontario's top traffic ticket defence firms.

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