Vehicle sales in November 2024 hit $16.43 million. In 2023, dealerships sold 15.5 million light-duty vehicles, which includes cars, in sales exceeding $1.2 trillion. There are around 52k vehicles sold each day in the US, with many prospective buyers going for a test drive first. Test driving a car is an essential part of the car-buying process. It lets you get a feel for the vehicle before purchasing. However, test drives also come with some risks. Determining liability can get complicated if an accident occurs during a test drive. An experienced car accident lawyer can help you understand your rights and responsibilities. Here’s a look at who may be liable in common test drive accident scenarios.
The test driver
According to Mark H. Perenich, distracted driving: “in most cases, the person behind the wheel during a test drive will bear at least some of the liability for an accident. As the driver, you have a duty to operate the vehicle safely and responsibly. If your negligent driving causes an accident, you can be held financially responsible for any resulting injuries or property damage.” NHTSA data shows that 94% of accidents are caused by driver error, with 1.6 million crashes triggered by distracted driving.
The car dealership
The car dealership may share liability if it did anything that contributed to the accident. For example, they could bear some responsibility if they failed to ensure the car was in safe working condition before allowing a test drive. Dealerships are responsible for adequately inspecting and maintaining cars before putting them out for test drives; there were 51 vehicle recalls in 2024, so if a dealer ignored or missed any of these, they would be liable. If they allow test drives in cars with defective brakes, worn tires, or other unaddressed safety issues, they may share fault for any resulting accident.
The test driver’s insurance
The test driver’s car insurance policy will typically come into play after an accident. Most policies extend liability coverage to rental or borrowed cars like those used for test drives. If you cause an accident during a test drive, your auto insurance would likely pay for the other driver’s damages up to your policy limits. However, this could also lead to increased rates down the road.
The dealership’s insurance
Car dealerships carry garage liability insurance policies to protect against accidents during test drives. If the accident were caused by dealership negligence, their insurance would likely pay any damages not covered by the test driver’s policy. Dealership policies also typically cover cars while they are being test driven. Any damage to the dealership’s car would likely be covered, though the test driver may need to pay the deductible.
Determining precise liability
After a test drive accident, figuring out precisely who was at fault and to what extent can be tricky, so you must consult an experienced lawyer. The specific circumstances, state laws, and insurance policy terms all come into play. The drivers, the dealership, and the insurance companies may need to investigate before liability is determined. An attorney can help protect your rights if you are involved in an accident during a test drive. They can deal with the insurance claims process and litigation to get compensation for your damages if necessary.
Article edited by Alexander Elisab