Car Dealership Liabilities - Test Drive Accidents - California Injury Lawyers

Car Dealership Liabilities – Test Drive Accidents


Have you ever thought about what would happen if you got into an car accident during a test drive? Normally, the dealership will be responsible for paying for any test drive crashes and will do so through its own insurer. However, if the test drive accident was your fault, the dealership may attempt to collect reimbursement from you.

If you were not negligent in causing the test drive accident and had clear authorization to drive the car, a dealership will generally be unable to hold you liable for any damages.

If You Cause the Test Drive Accident

If you are responsible for a car accident during a test drive, the dealership can try to hold you liable. Generally speaking, in these cases, your own car insurance policy would kick and pay for a test drive crash just as it would be if you got into an accident when driving a rental car. Make sure your car insurance policy includes coverage for accidents that happen when you are driving a rental car or are on a test drive.

If You are Injured in a Test Drive Crash

If you are injured during a test drive crash, there could be compensation from both insurance companies (dealership’s and the negligent party) depending on the circumstances. If the other driver was at fault, then the car accident liability rests with his auto insurance company and they would pay all damages and compensation for pain and suffering. If it is determined that in some way the test car you were are driving contributed to the test drive crash because it was faulty, the dealership’s insurance would be on the hook to compensate you for your injuries and pain and suffering. Remember to secure the names of witnesses and take pictures of the accident scene immediately after the car accident in order to substantiate your account of how the accident happened.It is a good idea to consult with a car accident attorney if you have been injured in a test drive.

Any car accident case can create legal complexities and this becomes even more true in a test drive accident where the car you are driving is not your own. If you get into a test drive accident, you should consider speaking with a car accident lawyer in your area to learn more about your rights, obligations and state law.

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Suing a Car Dealership FAQ
By Christopher Coble, Esq.
Drivers are often responsible for car accidents. But what about the people who sold them the cars? Car dealerships could be on the hook for car accident injuries if they occur during a test drive, if they are due to a car malfunction, or a variety of other reasons.

Here are some common questions, and answers, regarding car dealership lawsuits:

Who’s Liable for a Car Accident During a Test Drive?

In most cases, the dealership will have an insurance policy that covers accidents during test drives without worrying about who is at fault. If the dealership lacks this coverage, or the insurance carrier doesn’t want to pay, the accident will be treated like any other, and the parties involved will try to determine fault and liability for the accident.

Who’s Liable for Faulty Repairs?

Many warranties require any car repairs to be done by the dealership that sold the car. And if your car repair goes wrong, the dealership may be liable for re-repair or damages. If the dealership refuses to do required work under the warranty, or the repair work was bad and caused an accident, you may have a legal claim against the dealership.

Who’s Liable for Recalls?

Most recalls are financed by the auto manufacturers, but the work of repairing the car or exchanging it is often done through dealerships. And while dealerships are responsible for handling recalls, the car owner or driver could be liable for damages if he or she failed to comply with a mandatory recall.

Who’s Liable for Deadly Defects?

Generally speaking, the manufacturer is liable for car defect injuries. So if there is some defect in the design, manufacturing, or warnings associated with the vehicle, whoever designed and built the vehicle will be at fault. In some cases, however, liability could fall to dealerships who sell, lease, or loan cars they know to be defective.

Car accident lawsuits, or any lawsuit against a car dealership for that matter, can be complicated. If you have a car accident injury claim, you should contact an experienced injury attorney near you.

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