Who May Be Liable for an Accident During a Test Drive?

man showing a woman the functions of a vehicle before purchaseYou have the right to pursue compensation from a driver who caused an accident that resulted in your injuries, even if that person was test-driving the vehicle that crashed into yours.

Our Sacramento auto accident attorneys are prepared to investigate your claim to see what legal options may be available to you if someone else’s negligence resulted in your injuries. The consultation is free, and we do not charge you anything up front.

If you were injured in a crash with a vehicle that was being test-driven, there are several things you should know.

When Can I File a Claim?

Liability for an accident involving a vehicle that is being test-driven will ultimately fall on the party whose negligent actions caused the accident. If you were the person who caused the crash, and no one else is at fault, you may be unable to file a claim for compensation.

However, you have the legal right to file a third-party claim if you were not at fault for the crash, or fault is shared between you and other parties.

What if I Was Test Driving the Vehicle?

If you were the driver of the vehicle and someone else caused the crash, you may be able to file a claim with the at-fault driver’s liability insurance policy.

In some very rare cases, injury victims who were hurt by a malfunction in a vehicle due to a defective product may be able to file a claim against the manufacturer. There may also be a valid claim against the dealership if your lawyer can prove they neglected to warn you about possible issues with the vehicle.

Federal law prevents car dealerships from keeping vehicles with active recalls on their lots, so a dealership that fails to correct recall issues or take a vehicle off its lot over a recall could not only face civil lawsuits, but also criminal charges.

Proving the dealership is responsible for the collision may be difficult and will likely require a thorough investigation. Most injury victims may not have the resources available to them to prove a claim or may be too seriously injured to do so. This is when having an experienced attorney on your side may be beneficial to you.

At Arnold Law Firm, there are no upfront fees or legal obligations with our services. We do not get paid unless you do.

What if I Was Not Test Driving the Vehicle?

There is a chance that the driver who was test-driving the car does not have an active auto insurance policy because he or she is purchasing a vehicle for the first time. His or her policy may have lapsed because he or she missed a premium payment.

In these situations, you may need to file a claim with the car dealership’s insurance policy. Car dealerships are required to carry liability insurance for these situations. However, the dealership’s insurance company is likely going to try to deny liability.

What if I Was a Passenger?

If you were a passenger in any of the involved vehicles, you may be able to file a claim for compensation from one or more liability insurance policies. If the driver of the vehicle you were in caused the crash, you may have a claim against his or her liability insurance. If the at-fault driver was driving the other vehicle, you may have a claim against his or her liability insurance.

For passengers who know the at-fault driver, or are related to him or her, there may be some apprehension about filing a claim. However, it is important to note that these claims do not involve the driver. You would be dealing with the insurance company.

Passengers who were injured in an accident caused by a driver who was test driving a vehicle and did not have insurance may be able to recover compensation from the liability insurance of the dealership.

Call a Knowledgeable Attorney Today

If you were injured in an accident that was caused by someone else, even during a test drive, you may be eligible for compensation.

Our experienced attorneys are prepared to review your claim during a free consultation to see what legal options may be available to you.

Call (916) 777-7777 today to get started.