Test driving a car is an important step in the car buying process. You're going to spend a lot of money on a car, so you want to be sure it's the right car for you. Most test drives are uneventful. But every once in a while a test driver gets into a car crash.
Here is what you need to know before you test drive a car:
- If you're involved in an accident during a test drive, be sure to take the same steps you would take after any car accident.
- Car dealerships are required to carry fleet insurance on all vehicles on their lot, and a test driver is usually considered a covered driver under the fleet policy.
- Your own car insurance transfers to the vehicle you are test driving, so whatever coverage you have in place with respect to your own vehicle will typically apply to the car you are test driving.
- If you aren't at fault for an accident, the at-fault driver's insurance will typically cover accident-related losses, including damage to the car you were test driving. If the at-fault driver is underinsured or uninsured, you and the car dealer will likely have to turn to your own insurance to cover your losses.
Who Is At Fault for the Accident?
As with any car accident, the first question to ask after a test drive crash is: Who is at fault for the accident? Fault matters because the person at fault for the accident typically pays for accident-related losses (called "damages"). If you, as the test driver, were careless (negligent) and caused the crash, you will likely have to pay for the resulting damages. For example, if you failed to stop at a stop sign and rear-ended someone, you'll probably be found legally responsible (liable) for the accident.
When it comes to liability for accidents, there are no special rules for test drivers. The fact that you're driving an unfamiliar vehicle doesn't change anything. You're expected to get familiar with a vehicle's equipment and features before you start driving. While you drive, you're expected to use proper caution as you get comfortable with the vehicle's steering, acceleration, and braking systems. (In the eyes of the law, that's what a reasonable person would do.)
If you're involved in an accident during a test drive, be sure to take the same steps you would take after any car accident: Get the names and information of any other drivers, passengers, and witnesses; take photos of the scene and the vehicles; and report the accident to the police and to your car insurance company.
If you think the accident may have been caused by a vehicle defect, or some other problem connected to the manufacturer or dealer, it's important to take detailed pictures and preserve all available evidence. It may also be a good idea to talk to a lawyer sooner rather than later.
Whose Insurance Will Pay For the Car Accident Damages?
Everyone involved in a test drive accident will want to know whose insurance will cover the accident. The answer depends on how the accident happened, and available car insurance coverage. Let's look at some possibilities.
The Dealership’s Insurance
Car dealerships are required to carry fleet insurance on all vehicles on their lot, and a test driver is usually considered a covered driver under the fleet policy. Fleet insurance will typically cover damages resulting from an accident that occurs during a test drive, regardless of who was at fault.
When a test drive accident is minor, the dealership will often just absorb the costs associated with the accident through its fleet insurance, especially if the dealership wants the test driver's business. Occasionally, if the test driver is clearly at fault for an accident that results in injuries and vehicle damage, the dealership will pursue a third-party claim under the test driver's liability car insurance coverage, or seek reimbursement for losses paid out under the fleet process through other means, like filing a civil lawsuit.
Your Own Car Insurance
If you are responsible for an accident while test driving a car, and the dealership or anyone injured in the crash decides to bring a claim against you, then your own car insurance coverage will kick in and pay for losses according to the terms—and up to the limits of—your liability, collision and other coverage.
Just like when you cause an accident while driving a rental car, your personal car insurance transfers to the vehicle you are test driving, so whatever coverage you have in place with respect to your own vehicle will apply to the car you are test driving.
The Other Driver’s Car Insurance
If the other driver is at fault for the accident, then the dealership won't be able to hold you responsible for any damage to the vehicle. Instead, you and the dealership will file claims against the at-fault driver’s insurance, which will pay for accident-related injuries and damage to the test vehicle, up to coverage limits.
If the at-fault driver doesn't have car insurance or is underinsured, the dealership will have to use its own fleet insurance to recover damages resulting from the accident during the test drive. And if you're injured, you will have to pay for treatment through your health insurance or make an uninsured motorist claim if you have coverage. (Learn more about making an uninsured/underinsured motorist claim.)
Liability Waivers
Some dealerships will try to avoid responsibility for test driver accidents by having test drivers sign a liability waiver. Liability waivers are an attempt to transfer any and all legal responsibility for damages to the test driver. You shouldn't sign a waiver unless you fully understand it and are comfortable assuming the risk of a test drive. Most dealerships don't require test drivers to sign liability waivers because they don't want to risk losing a sale.
How a Car Accident Lawyer Can Help You
If you're involved in a test drive crash, talk to a lawyer about your options. Test drive accidents are often more complicated than typical car accidents because you have to contend with the car dealership and the dealership's insurer.
Learn more about how an attorney can help with your car accident claim. You can also connect with a lawyer directly from this page for free.