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Does the Highway Traffic Act apply to private property?

Ottawa Injury Lawyer David Hollingsworth….Can you be fined for failing to stop in a private parking lot? Can you be fined for speeding in a private parking lot ? What happens when there is an accident on private property? Should the police be contacted? Should a police report be made?

If this parking lot was in Ontario,  the rules of the road don’t apply on private property.  The  Ontario Highway Traffic Act cannot be enforced  on private property such as parking lots.  In Ontario, motorists are still required under the Highway Traffic Act to report collisions involving personal injury, or having property damage exceeding $1000, or if there is a dangerous condition resulting from the accident.  (eg. a broken gas line) under Section 199 of the HTA .

For insurance purposes, the IBC (Insurance Bureau of Canada has specific rules and guidelines when it comes to “Rules for Automobiles in Parking Lots”  ( O. Reg. 276/90, s. 16.) Insurance companies use the Fault Determination Rules to determine fault. What this means is that you may not be “at-fault” according to police; however depending on the nature of the accident on private property, you may be 50% responsible for insurance purposes.

Regardless of whether you are on private or public property, it’s important to obey all rules of the road for safety purposes. If you have a question regarding your accident on private property, please feel free to contact us and we would be happy to provide you with the information you need.

 

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