Nobody expects to crash during a test drive, but accidents during test drives can and do happen in Pensacola. These crashes involve complex liability issues that may prevent injured drivers from recovering the money they need. If you’re wondering what happens if you get into an accident during a test drive in Pensacola, you’ll find the answers below.
Who Is At Fault for a Test Drive Accident?
Who’s at fault for an accident that happens during a test driving depends on the circumstances of the crash, but the potentially liable parties include:
- Other drivers – If another driver hits you because they were driving carelessly or aggressively, they are likely liable for your injuries.
- Car manufacturers – Even new cars sometimes have mechanical defects that can cause a crash. If a mechanical issue caused a test drive car accident, the car’s manufacturer may be responsible.
- The dealership – The dealership may be liable if it fails to maintain the test-drive vehicle properly. For example, the dealership could bear responsibility if faulty brakes or worn tires contributed to the crash.
- The salesperson – If a salesperson accompanies you on the test drive and provides unsafe instructions, such as encouraging speeding or risky maneuvers, they may share liability for the accident.
- The vehicle’s owner (if it’s not a dealership) – If the car you were driving belongs to a private seller, they could be liable for failing to disclose known issues with the vehicle, such as defective parts.
Whose Insurance Will Cover the Accident?
One of the biggest headaches in test drive accidents is figuring out whose insurance company will cover your injuries. Depending on how the car crash happened, the following parties’ insurance coverage could apply:
- Your Car Insurance – If you have car insurance (which Florida law requires for all cars registered in the state), it may act as primary coverage for injuries or property damage you cause during a test drive. For example, if your liability insurance includes coverage for driving vehicles you don’t own, your own insurance company might cover the other driver’s injuries or property damage. You can also use your no-fault Personal Injury Protection (PIP) coverage to pay for your medical bills and other losses from a test drive crash.
- The Other Driver’s Car Insurance – If another driver caused the accident, their liability insurance should cover your injuries and any property damage. However, disputes about fault may complicate the process, so you may need legal assistance to resolve the issue with the at-fault driver.
- The Dealership’s Insurance – Car dealerships typically carry insurance to cover accidents involving their vehicles. This coverage might act as secondary insurance, stepping in if your individual policy is insufficient or if liability falls on the dealership for mechanical issues or salesperson negligence.
- Liability Waivers – Some dealerships require drivers to sign liability waivers before test drives. Depending on the waiver’s terms, this could shift financial responsibility to you or limit the dealership’s liability. However, these waivers are not always enforceable, and a personal injury lawyer may challenge unfair terms to protect your rights.
Contact Our Car Accident Attorney for Legal Help After a Test-Drive Crash
Test drive accidents in Pensacola are complicated, and Cardoso Law, PLLC, understands your need for practical, straightforward legal advice. A Pensacola test drive accident attorney from our firm can explain your rights, identify who’s liable for your injuries, and help you hold them accountable. Call now or complete our contact form to schedule a free consultation with an experienced car accident attorney.