“I get a phone call.”
A test drive is supposed to give you a chance to decide if a vehicle has all the features you’re looking for and drives well and comfortably. One man recently also got to find out how it handled a collision. He was rear-ended in the parking lot.
Car salesman Jackie (@drivingwithjackie) recently shared the tale of the unfortunate test drive experience a customer had during a visit to his dealership.
“All right, so, I’m a car salesman, all right? So I was letting my customer go on a test drive in this car. And he was looking for a different car that … had damage on it. So I was trying to figure out what was going on with that one,” Jackie says in a TikTok about the incident. “And I get a phone call. Hey, Jackie, your customer just got rear-ended in the parking lot.”
“And I go look and he got rear-ended. It was not in the parking lot. The other guy’s car was totaled. Have you ever done anything like that before?” he concludes.
Who’s Responsible For A Car Accident During A Test Drive?
In Jackie’s case, as he tells it, the customer was rear-ended by another person on the road. In rear-end collisions, the vehicle behind the car that’s hit is usually, though not always, at fault. Unless there’s dash camera footage or eyewitness testimony that proves the damaged vehicle pulled out in front of the other driver or brake-checked them, the driver who rear-ended the other vehicle will usually be deemed liable.
So whose insurance covers the damage when a vehicle is hit during a test drive? Focus2Move writes that dealership vehicles are usually covered by fleet insurance. These plans typically cover damage to vehicles that occurs during test drives.
This could also mean that the individual who was rear-ended in the accident could get legal representation or compensation under the fleet insurance policy. This means the dealership’s insurance may make a claim against the other driver, provided the person test-driving isn’t deemed responsible for the accident.
Conversely, if other evidence or police reports indicate that the test driver was somehow impaired or driving in an unsafe manner, then the dealership’s insurance may seek compensation from them.
Additionally, Focus2Move writes that the topic of negligence is thoroughly explored when it comes to test drives. Was the driver, itching to test the zero to 60 speed of a sports car they’ve been eyeing, a little too heavy on the gas pedal during the drive? Did the prospective buyer familiarize themselves reasonably with the vehicle prior to taking it out on the road?
It’s uncommon for passengers to be found liable in an accident. But that can change, per Focus2Move, if a salesperson was in the car at the time and told the driver to do something that caused to contributed to the accident. This may prompt questions of vicarious liability.
The Callahan & Blaine Law Firm also urges test drivers to understand that the same rules of the road apply to folks on a test drive just as they would any other day of the week. And if another party is at fault, the legal group reports, “In those situations, both the test driver and the dealership may pursue a claim against the at-fault third party.”
Matters can be further complicated in the event that the damage sustained to the vehicles or medical costs for injuries to the occupants exceeds the coverage amounts by the dealer’s fleet insurance.
In these situations, then these companies may take action against the drivers’ insurance providers to recover damages.
Moreover, some dealerships require test drivers to sign liability waivers. This documentation often shifts liability to the driver.
Callahan & Blaine Law Firm notes, however, that these waivers are oftentimes deemed unenforceable. Nonetheless, it still insists that car shoppers should read any documents thoroughly at a dealership prior to signing.
Gordon & Partners also reports, “If you are the test driver and you were at fault for the crash, then you are the liable party. Insurance follows the driver, not the car.”
Motor1 has reached out to Jackie via TikTok direct message for further comment. We’ll update this if he responds.
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