Reply With QuoteWas there an actual collision between 2 vehicles?Originally Posted by daught
W/O witnesses it will be tough.
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Someone cut off my girlfriend in a parking lot. Long story short the other person is being very difficult about it and wants to get away with it. Initially the other person refused to give my GF any information about themselves. My GF ended up calling the police. The police just told the other person to give my GF their info. The cop did not write a report, understandably since it was a collision in a parking lot. Right now my GF is at the reporting center. The other person has no plans on paying for any of the damage.
I just want someone to clarify the rules on parking lot accidents. Is it considered 50/50 or is it the other person's fault? (before anyone nags me I searched, but in all related threads the other person left the scene)
Unfortunately my GF's was unable to take any photos to have proof of her innocence. The parking lot, which is at York U, has a camera pointed directly at the scene of accident. The security is refusing to give my GF the footage. How can she obtain it, or at least ensure that it is not overwritten?
Last edited by daught; 05-04-2011 at 04:30 PM.
Was there an actual collision between 2 vehicles?
W/O witnesses it will be tough.
York U security is full off ********. They won't do anything for you.
It depends on how the accident happened. Report it to the insurance company and mention the police officer's badge number that was at the accident and mention that York University has the accident on record. Leave the security head's number on there for the insurance company to contact.
If you're 100% sure it isn't your GF's fault. Report it and let the insurance company take care of the investigation.
My mom got hit in a parking lot by an old man (entirely not her fault, she was stopped). It was a he said/she said accident and was going to be 50/50, but a witness filed a statement on my mom's behalf (a third party who did not know either person in the accident). With the witness statement, my mom was entirely not at fault.
It sounds like your gf needs a witness. It sucks that campus security is being prickish (maybe it's a fake camera and they don't want to give up that tidbit). If the other party does not file a conflicting statement, does that mean your gf's version is correct and she is 0% at fault? I don't know if that avenue of attack can work.
My guess is by reporting it without a witness, she will be in an at-fault collision and insurance will go up.
Good luck, let us know if she finds a way to win this.
The camera would be her witness. I don't think it would be a good idea to go to the insurance before she secures the footage. She could get shafted if the footage is overwritten or the camera is fake. I just want to see this person pay on moral grounds. You cant just smash in to someone and expect to get away with it.
BTW isn't it great for ins companies? Even the innocent fear to make a claim.
The plot thickens. The other party declared the collision and made a claim. My GF really really needs that footage. The ins company says it's up to her to get the footage.
Maybe going to the president or dean or something might be helpful. someone who has some pull.
Any specifics about the actual accident / impact?
Better to regret something you have done than something you haven't.
The other person took a very wide right turn and slammed into my GF. My GF did not even get a chance to take a picture because the other person moved the car before she even had a chance to get out of her car.
Shoukri (president of york) is a good guy who genuinely cares about students. I haven't talked to him in years but your gf could try contacting him to see if he will nudge security.
Work your way up the reporting ladder. Odds are that security does not report to an academic department. Take a look at an internal phone directory and find the number for the head of security. Talk to this person first. Odds are he/she can either give you the footage or explain the steps necessary to obtain it. Maybe talk to your student representatives to see if they can help. Talking to the dean or a registrar could also help. If all else fails you can try the president but that might entail a lengthy wait. Good luck.
Thomas Jefferson said "When the people fear their government, there is tyranny; when the government fears the people, there is liberty".
Moderator
York Campus Security Director
Rob Kilfoyle
416 736-5418
kilfoyle@yorku.ca
Manager, Security Operations
George Hanna
416 650-8103
ghanna@yorku.ca
Manager, Community Relations and Crime Prevention
Dragan Spasojevic
416 736-5931
dragan@yorku.ca
Coordinator, Investigations
Ken Tooby
416 736-5361
ktooby@yorku.ca
Manager, Emergency Preparedness Program
Katherine Branton
416 736-5258
brantonk@yorku.ca
Morally Ambiguous (submissions welcome)
"Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth." - Oscar Wilde
When it comes to Insurance fault, parkings lots are imagined to be a complex set of interlocking thoroughfares and feeder lanes. Here's the Ontario fault determination rules on the topic:
I'm guessing sections 3 and 4 probably apply to your girlfriend, how did she draw the accident for insurance?... there is not automatic 50/50 in a parking lot.16. (1) This section applies with respect to incidents in parking lots.
(2) The degree of fault of a driver involved in an incident on a thoroughfare shall be determined in
accordance with this Regulation as if the thoroughfare were a road.
(3) If automobile “A” is leaving a feeder lane and fails to yield the right of way to automobile “B” on a
thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver of automobile
“B” is not at fault for the incident.
(4) If automobile “A” is leaving a parking space and fails to yield the right of way to automobile “B” on
a feeder lane or a thoroughfare, the driver of automobile “A” is 100 per cent at fault and the driver
of automobile “B” is not at fault for the incident.
(5) In this section,
“feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot.
There isn't an automatics but its almost always 50/50 as determined by the insurance company. As someone stated, unless you have photographic evidence and witness then its hard to prove otherwise.
Things are starting to look better. Today the security guy was much more helpful than the previous guy. He said they can provide the video if the ins calls them. The ins said they would. Apparently the head of security is in vacation until Tuesday, so if my GF wants the video personally she will have to wait to talk to him.
Glad security is getting involved. I was thinking if they weren't going to do anything the university might as well fire them.
She got off in the end. 0 fault. The insurance company talked to York security, who described what happened in the video. Moral of the story, if you are involved in any kind of accident in a parking lot get a witness.
Kick his ***, Seabass!
Glad everything turned out well.. Too bad you had to go through the aggravation.
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Glad everything got resolved. Hoping the offending person's insurance hears about this.
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