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if I crash a car on a test drive and have to pay for it do I get to keep the car?

a few months ago I crashed a car on a test drive (not my fault I hit a pach of ice and slid into a guard rail) hte dealers insurance promply payed the dealership and then came after my insurance witch would not cover the acsident. now thier insurance company is commming after me. they want 4800 for loss of the vehical. my question is if I have to pay for it do I get to keep it? because its worth 1000s in scrap and I bet the dealer already scraped it (double dipping) I could use that oney to help pay for it and being unemployed that will really save my butt (I was gainfully employed when I test drove the car so don't ask why I was test driving a car while unemployed)

11 Answers

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  • Anonymous
    7 years ago

    I would think that the dealer has an umbrella policy. But this is a very good question. I mean, the insurance company knows that people will be test driving so they must take that into account when pricing the premiums the dealer pays. It would be unrealistic to assume that the customer would need their own insurance to test drive a car. Unless you were found responsible or negligent for the accident, I honestly don't think the insurance company can come after you. If they are harassing you, contact a lawyer. It's really the dealer's fault for allowing test drives on roads that were unsafe. If anything, you should sue the dealer!

  • ?
    Lv 7
    7 years ago

    Unfortunately, you don't get anything out of the deal. However, your insurance should have paid for the accident (you should have reported it to them).

    The dealer only gets the money from the insurance, not the recovery fee (the insurance owns it after they total the car, the insurance company sells it at auction, for parts or with a salvage title.)

    Being unemployed may delay their ability to pursue avenues to collect the money, but I would suggest you work with your insurance agent and your insurance company to work something out. If that doesn't work, seek the advise of an attorney.

  • ?
    Lv 6
    7 years ago

    You should be covered under the dealer plate umbrella policy, otherwise they would have checked your insurance prior to the test drive. I'm not even going to ask why you went car shopping when the roads were icy because that wasn't too smart. Bottom line, their insurance is responsible because they let you drive their car as long as you didn't sign anything other then a credit application.

  • ?
    Lv 4
    7 years ago

    Every dealership has insurance for their vehicles.

    If this happened in Ontario, the insurance would cover the damage to the vehicle.

    You'd be responsible for covering the deductible. Unfortunately because of the number of vehicles covered by the dealer policy and risk (many different drivers, driver's driving more aggressively on test drives etc.) the deductible is usually VERY high. I've seen deductibles of $10K.

    Usually this would go through the customers insurance, which would have a much lower deductible.

    What reason did your insurance give for not covering you?

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  • 7 years ago

    Yes, they can come after you. If they couldn't, do you think they would waste their time trying?

    Look, here's the reality. A dealers insurance coverage is in place to cover the vehicles on the lot while driven by employees. Once you are behind the wheel, YOUR insurance covers it. It could be different in various states, but in mine at least, every time I've test driven a car, they checked for proof of insurance prior.

  • Anonymous
    7 years ago

    Its a good question. Not sure the correct answer. But I do know that they really don't have anyway to enforce it. I don't think your license can be suspended over it. Its between you & the insurance company. They say you owe. You say you don't.

    What would a judge say if it came down to it ?

  • ?
    Lv 7
    7 years ago

    If you crash into someone else's car and your insurance pays for the damage, do you get to keep their car? I don't think so. It was never YOUR car in the first place.

    Oh... and the "accident" WAS your fault! Speed too fast for conditions, failure to maintain control, etc.

  • 7 years ago

    Listen, I don't want to give you advice that might not help, but if the accident has been paid for by the dealership insurance, I wouldn't worry about it too much.

    If you can try to get your insurance to pay an amount towards it with you putting in the other bit, or whatever you can.

    being unemployed, it is highly unlikely that they will get any money out of you, and they know this, they are experienced adult insurance claim specialists. They know who's got the money and who hasn't. They also know how to get it out of you. So they will scare you, threaten legal action, intimidate and harass. But if you haven't got any money, and you just state, that. You haven't got the money, it was an accident, the road wasn't suitable for driving and main roads department should have had signs up indicating the road was unsafe. Then there's not a lot they can do because you haven't got any money. It gets boring harassing people who have no money, so they will eventually give up. However, I don't know where you live but they may try to legally make you owe the money. Try to just play dumb, but do apologise for the accident, Say your sorry. Write a letter to them. be honest. Don't bullshit them, they'll know. If all that fails, just pay it off, or borrow the money from your mum.

    Next time be careful and don't go so fast on wet roads!!

  • Anonymous
    7 years ago

    That would be like going to someones home, Tearing down a wall and wanting to keep the house.

    You damaged someone elses property. They are allowed to be made whole AND do what they want with the damaged property.

    You could ask to buy it. But you'll be paying more money.

  • Anonymous
    7 years ago

    No because it's not your car. Even if it was you shouldn't be crashing into things. That just proves you can't drive.(no offense)

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