The story: Today, roofers showed up to finish our new roof and add new eaves troughs. They needed access to our entire driveway, which meant moving three cars into the road. There is legal parking on one side of the road (only for a couple hours which meant we still may have been ticketed) and it is illegal to park on the other side. I parked the cars on the legal side so the guys could do their work, but then I was told that the roofers needed a large amount of clearance space to get the metal out of a van (they also had 5 vehicles taking up many street spots). With no spots left anywhere near my house, my only other option was to park one car on the other (illegal) side of the street, where technically there is no parking allowed anytime. A while later, I return to my vehicle to find a note (which was left probably because witnesses were involved) that said “we hit your illegally parked car while backing out of our driveway, call us”.
So now I’m wondering what the situation is in Toronto, Ontario, Canada (though also curious about laws in other North American cities) regarding who is at fault in this scenario.
Here is what I found on the official Ontario e-laws site:
Rules for Other Circumstances
17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (1).
(2) If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for the incident. R.R.O. 1990, Reg. 668, s. 17 (2). [I live in the city btw]
**19. The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs,
(a) when automobile “A” is backing up;**
So my interpretation is that according to the law, I am clearly not at fault. But I am not a lawyer (yet…) and could always be misinterpreting what I read. I know you probably aren’t lawyers either (so I’ll assume you’re not unless otherwise stated no need for disclaimers) but I’d love to know what you think the facts of the legal situation are.