Florida law generally requires the party at fault to cover damages when a test drive accident occurs. However, dealerships typically carry special insurance to cover accidents during test drives, which may supersede the driver’s insurance depending on the circumstances.
It’s important to understand how these insurance responsibilities are determined and the interaction between state laws and contractual obligations set by the dealership. Knowing your rights under Florida’s specific statutes can provide crucial guidance on navigating claims and liability in such accidents.
If you or a loved one were hurt in a car accident during a test drive, our West Palm Beach car accident lawyers are ready to help. Contact us online or call (561) 655-1990 today.
Who’s responsible: Dealership or driver?
The coverage responsibility may shift depending on specific circumstances in real-life scenarios involving car accidents during test drives.
Situations where the dealership covers damages
- Employee fault – If a dealership employee is driving during the test drive and causes an accident, the dealership’s insurance typically covers damages due to their commercial policy covering employee actions.
- Vehicle defect – If an accident occurs due to a mechanical failure or inherent defect in the car being tested, the dealership’s insurance would likely cover any damages, as the vehicle is under their maintenance and responsibility.
Situations where the individual driver covers damages
- Driver fault – If the prospective buyer is driving and causes the accident by violating traffic laws or driving negligently, their auto insurance might be required to cover damages, particularly if the dealership’s policy includes a clause that shifts liability to the driver.
- Inadequate dealership coverage – If the dealership’s insurance does not fully cover the damages or specific test drive conditions fall outside their policy coverage, the individual’s insurance may need to cover the remainder.
Lytal, Reiter, Smith, Ivey & Fronrath’s role in protecting your rights
Our experienced team at Lytal, Reiter, Smith, Ivey & Fronrath is adept at navigating the complex interplay between personal and commercial insurance claims. We advocate fiercely for our clients to ensure they are not unfairly burdened by financial liabilities that a dealership’s insurance should cover.
Effective strategies for dealing with insurance post-accident
Dealing with insurance after a test drive accident can be daunting. We guide our clients through the process, from filing claims to handling disputes with insurance providers, ensuring that you receive fair treatment and rightful compensation.
Understanding dealer protocols and safety measures
We also help you understand the safety protocols that should be in place during a test drive. This knowledge can be crucial in establishing liability and negligence in the event of an accident.
The potential impact on future insurance premiums
An accident during a test drive can affect future insurance premiums. Our legal team provides counsel on mitigating this impact, ensuring your rights and financial interests are safeguarded.
We’re here to protect your rights and best interests
At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the nuances of Florida’s legal framework concerning test drive accidents. If you are in such a situation, it’s important to seek legal representation promptly to navigate the complex issues. Contact us today to discuss your case and ensure your rights are protected every step of the way.
