If you or someone you know is interested in buying a new car, know that the car market—just like everything else—is hot right now due to supply and demand as well as inflation. That being said, it is not uncommon for a potential buyer to test-drive the vehicle with the salesperson before buying the car. In fact, the test drive is often an important step of the car buying process. While this rarely occurs, an accident can happen during the test drive in the car that has yet to be purchased. When this happens, things can become very complicated very quickly.
Who is Liable
Just like any other car accident in Las Vegas, Nevada, the at-fault driver who caused the crash will be held legally and financially responsible for damages resulting from the collision. If someone else crashes their vehicle into the car that you are test-driving, then their auto insurance carrier must cover the financial costs of any property damage, injuries, and other accident-related losses. If you, as the person test-driving the car, are at fault for the crash then any losses will likely be your responsibility. The good news, however, is that your own car insurance transfers over to the car you are test driving; in other words, your own auto insurance policy should cover the accident.
In addition, because car dealerships must carry fleet insurance on all of their vehicles potential buyers who are test-driving are typically covered under this commercial policy. If the accident is a minor one or was the result of an issue with the car, then the dealership is likely to cover the costs through its fleet insurance coverage. If the accident was due to the potential buyer’s fault, there is moderate to severe damage, or the potential buyer signed a liability waiver the dealership may refuse to absorb the costs and instead pursue legal action against his or her car insurance company for damages incured. And becuase a liability waiver transfers legal responsibility for a crash to the test driver, the dealership may also sue the potential buyer for reimbursement of accident-related costs.
What to Do
There are several steps you should take after a test-drive accident. These are virtually the same as the ones you should take after any regular collision. They include:
- Remaining at the accident scene. Try to stay calm. If anyone is hurt, contact 9-1-1 right away to get medical assistance;
- If you do not need medical assistance, contact local law enforcement anyway so that you can get a police report filed. This document is critical to proving liability and holding people accountable financially and legally;
- Do not move any injured people or damaged vehicles unless you have to due to safety concerns;
- Get video footage and photos of the accident scene if you are not immediately taken to the hospital. If you can have someone else do this for you, do so. Document any skid arks, vehicles and their damage and anything else that may seem relevant;
- Be sure to exchange contaact and insurance information with all drivers and get information from any witnesses to the accident;
- Even if you think your injuries are minor—or non-existent—seek medical treatment right away and continue doing so by following your doctors’ recommendation. Keep in mind that your medical records must link any injuries to the car accident;
Our Attorney Can Help You
Any type of accident can make things complicated. If you or someone you know has been hurt in a test-drive accident, contact the experienced Las Vegas personal injury attorneys at H&P Law. Our skilled lawyers will fight for your right to monetary compensation. Contact us today.
