Who Is At Fault in a Parking Lot Accident in Atlantic Canada?
Aug 4, 2026
7 min read
Car Accidents
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Key Takeaways
- There is no law in NB, NS, or PEI that says parking lot accidents are automatically split 50/50.
- Fault is determined by the specific facts, just like any other collision.
- The driver backing out of a parking spot almost always bears more fault than through traffic.
- Evidence like photos, dashcam footage, and witness statements is critical in parking lot disputes.
- Section B no-fault benefits are available regardless of who caused the accident.
- If the insurer claims 50/50 fault, ask them to cite the specific rule. They likely cannot.
You pull into a parking lot at a grocery store in Halifax, a mall in Moncton, or a hospital lot in Charlottetown, and another vehicle backs into you. Now you are dealing with damage to your car, maybe a sore neck, and the other driver insists it was somehow your fault too. Or maybe you have heard that parking lot accidents are always split 50/50. That is one of the most common myths in car insurance, and it is wrong.
The 50/50 Myth
Let's clear this up right away. There is no law in New Brunswick, Nova Scotia, or Prince Edward Island that says parking lot accidents are automatically divided equally between both drivers. This misconception has been around for years, and it causes real harm. People walk away from legitimate claims because they believe the myth.
Parking lot accidents are assessed on the facts, just like any other collision. Someone is usually more at fault. Sometimes one driver is entirely at fault. The same rules about negligence and duty of care that apply on the highway apply in a parking lot.
In New Brunswick, the Motor Vehicle Act, specifically section 346(2), extends the rules of the road to parking lots. That means right of way, signage, and lane markings in a lot carry legal weight. Nova Scotia has Fault Determination Regulations that provide specific guidelines for common collision scenarios, including parking lot situations.
How Fault Is Determined
Insurance adjusters and courts look at several factors when deciding who caused a parking lot accident:
- Who had the right of way? Vehicles moving in a main traffic lane generally have priority over vehicles backing out of a space.
- Who was backing up? The driver who is reversing has a higher duty to check for other vehicles and pedestrians. If you back out of a spot into oncoming traffic, you will likely bear most or all of the fault.
- Were there stop signs or directional arrows? Many parking lots have posted traffic controls. Ignoring them counts against you.
- Speed: Were either of the drivers going faster than what is reasonable for a parking lot?
- Was either driver distracted? Looking at a phone, adjusting the radio, or not paying attention in a busy lot can shift fault.
Backing Out vs. Through Traffic
The most common parking lot scenario is a vehicle backing out of a spot and hitting a car driving through the lane. In these situations, the driver backing out is almost always found at fault, or at least primarily at fault.
Why? Because the driver in the travel lane has the right of way. The person reversing has a duty to check their mirrors, look over their shoulder, and make sure it is safe before moving. If they fail to do that and a collision happens, the responsibility falls on them.
There are exceptions, though. If the through-traffic driver was speeding, distracted, or appeared out of nowhere in a way the backing driver could not have anticipated, fault can be shared. But even then, it is rarely 50/50. The driver backing out typically bears a larger share.
Two Cars Backing Out at the Same Time
This one is trickier. When two vehicles back out of facing spots at the same time and collide, fault is often shared more equally because both drivers had the same duty of care and both failed to see the other. But even in these cases, the specific facts, such as who started reversing first, who was in a better position to see the other, or who was going faster, can tilt the balance.
Why Evidence Matters So Much
Parking lot claims can turn into "he said, she said" situations fast. That is why evidence is so important. If you are involved in a parking lot collision, try to:
- Take photos of the damage, the positions of both vehicles, and the surrounding area, including any signs or lane markings
- Get the names and contact information of any witnesses
- Note the time of day and weather conditions
- Check whether any nearby businesses have security cameras that captured the incident
- Save your dashcam footage if you have one
Dashcam footage, in particular, has become a powerful tool in parking lot disputes. You can read about surveillance evidence disclosure in injury cases.
Section B: Coverage Regardless of Fault
No matter who caused the parking lot accident, you have access to Section B benefits under your own auto insurance policy. Section B is no-fault coverage available in Atlantic Canada. It provides up to $50,000 for medical and rehabilitation expenses and weekly income replacement for up to 104 weeks if you cannot work because of your injuries.
You need to notify your own insurance company within 30 days of the accident to access these benefits. This applies even if the other driver was 100 percent at fault. Section B exists to make sure you can get treatment and financial support right away while fault is being sorted out.
When Both Drivers Share Fault
Sometimes fault genuinely is shared in a parking lot accident. Maybe you were backing out slowly and the other driver was going too fast. In that case, a court or adjuster might assign 70 percent fault to one party and 30 percent to the other. Your compensation would be reduced by your share of the fault, but you would still recover the rest.
This is similar to how contributory negligence works in any car accident case. Shared fault reduces your award. It does not eliminate it.
Do Not Just Accept What the Adjuster Says
If the other driver's insurer is telling you the accident was 50/50, ask them to explain why. Ask for the specific regulation or rule they are relying on. In many cases, they cannot, because the 50/50 rule does not exist. They may be relying on the myth too, or they may be hoping you will accept a lower payout without questioning it.
If you were hurt in a parking lot collision and you believe the other driver was at fault, do not settle for less just because the accident happened in a lot instead of on a road. The same legal principles apply.
CLG Injury Law offers free case reviews for parking lot accidents and all motor vehicle collisions across Atlantic Canada. If you are dealing with a disputed claim, reach out. You do not have to sort through it alone.
You pull into a parking lot at a grocery store in Halifax, a mall in Moncton, or a hospital lot in Charlottetown, and another vehicle backs into you. Now you are dealing with damage to your car, maybe a sore neck, and the other driver insists it was somehow your fault too. Or maybe you have heard that parking lot accidents are always split 50/50. That is one of the most common myths in car insurance, and it is wrong.
The 50/50 Myth
Let's clear this up right away. There is no law in New Brunswick, Nova Scotia, or Prince Edward Island that says parking lot accidents are automatically divided equally between both drivers. This misconception has been around for years, and it causes real harm. People walk away from legitimate claims because they believe the myth.
Parking lot accidents are assessed on the facts, just like any other collision. Someone is usually more at fault. Sometimes one driver is entirely at fault. The same rules about negligence and duty of care that apply on the highway apply in a parking lot.
In New Brunswick, the Motor Vehicle Act, specifically section 346(2), extends the rules of the road to parking lots. That means right of way, signage, and lane markings in a lot carry legal weight. Nova Scotia has Fault Determination Regulations that provide specific guidelines for common collision scenarios, including parking lot situations.
How Fault Is Determined
Insurance adjusters and courts look at several factors when deciding who caused a parking lot accident:
- Who had the right of way? Vehicles moving in a main traffic lane generally have priority over vehicles backing out of a space.
- Who was backing up? The driver who is reversing has a higher duty to check for other vehicles and pedestrians. If you back out of a spot into oncoming traffic, you will likely bear most or all of the fault.
- Were there stop signs or directional arrows? Many parking lots have posted traffic controls. Ignoring them counts against you.
- Speed: Were either of the drivers going faster than what is reasonable for a parking lot?
- Was either driver distracted? Looking at a phone, adjusting the radio, or not paying attention in a busy lot can shift fault.
Backing Out vs. Through Traffic
The most common parking lot scenario is a vehicle backing out of a spot and hitting a car driving through the lane. In these situations, the driver backing out is almost always found at fault, or at least primarily at fault.
Why? Because the driver in the travel lane has the right of way. The person reversing has a duty to check their mirrors, look over their shoulder, and make sure it is safe before moving. If they fail to do that and a collision happens, the responsibility falls on them.
There are exceptions, though. If the through-traffic driver was speeding, distracted, or appeared out of nowhere in a way the backing driver could not have anticipated, fault can be shared. But even then, it is rarely 50/50. The driver backing out typically bears a larger share.
Two Cars Backing Out at the Same Time
This one is trickier. When two vehicles back out of facing spots at the same time and collide, fault is often shared more equally because both drivers had the same duty of care and both failed to see the other. But even in these cases, the specific facts, such as who started reversing first, who was in a better position to see the other, or who was going faster, can tilt the balance.
Why Evidence Matters So Much
Parking lot claims can turn into "he said, she said" situations fast. That is why evidence is so important. If you are involved in a parking lot collision, try to:
- Take photos of the damage, the positions of both vehicles, and the surrounding area, including any signs or lane markings
- Get the names and contact information of any witnesses
- Note the time of day and weather conditions
- Check whether any nearby businesses have security cameras that captured the incident
- Save your dashcam footage if you have one
Dashcam footage, in particular, has become a powerful tool in parking lot disputes. You can read about surveillance evidence disclosure in injury cases.
Section B: Coverage Regardless of Fault
No matter who caused the parking lot accident, you have access to Section B benefits under your own auto insurance policy. Section B is no-fault coverage available in Atlantic Canada. It provides up to $50,000 for medical and rehabilitation expenses and weekly income replacement for up to 104 weeks if you cannot work because of your injuries.
You need to notify your own insurance company within 30 days of the accident to access these benefits. This applies even if the other driver was 100 percent at fault. Section B exists to make sure you can get treatment and financial support right away while fault is being sorted out.
When Both Drivers Share Fault
Sometimes fault genuinely is shared in a parking lot accident. Maybe you were backing out slowly and the other driver was going too fast. In that case, a court or adjuster might assign 70 percent fault to one party and 30 percent to the other. Your compensation would be reduced by your share of the fault, but you would still recover the rest.
This is similar to how contributory negligence works in any car accident case. Shared fault reduces your award. It does not eliminate it.
Do Not Just Accept What the Adjuster Says
If the other driver's insurer is telling you the accident was 50/50, ask them to explain why. Ask for the specific regulation or rule they are relying on. In many cases, they cannot, because the 50/50 rule does not exist. They may be relying on the myth too, or they may be hoping you will accept a lower payout without questioning it.
If you were hurt in a parking lot collision and you believe the other driver was at fault, do not settle for less just because the accident happened in a lot instead of on a road. The same legal principles apply.
CLG Injury Law offers free case reviews for parking lot accidents and all motor vehicle collisions across Atlantic Canada. If you are dealing with a disputed claim, reach out. You do not have to sort through it alone.
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People Also Ask
Are parking lot accidents always 50/50 fault?
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What evidence should I collect after a parking lot accident?
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Can I get insurance benefits even if the parking lot accident was my fault?
