Wrecking while you’re test-driving a vehicle you’re unfamiliar with feels like a nightmare. Does your Personal Injury Protection insurance coverage apply if you crash during a test drive? Whose financial responsibility is the property damage to the vehicles involved in a test drive, yours or the car dealership’s? If you’re hurt in the test drive accident, whose insurance company will cover your medical care costs, your PIP, or the dealership’s insurance?
The answer to these questions depends on the specifics of any agreement you signed before test-driving a car and the dealer’s fleet insurance. You can be sure that the car dealer will have their own lawyers intent on preserving the dealer’s property (and intent on blaming you for the car crash). Working with our West Palm Beach car accident lawyer levels the playing field and ensures that your rights and legal interests are upheld.
How the dealer’s fleet car insurance factors into your claim
Car dealers in Florida are required by law to carry a garage liability insurance policy, which is designed to cover damages if an accident occurs while a customer is driving one of the fleet vehicles. This policy will often be the primary policy to cover the damages and the personal injury claims from the parties involved.
You’ll probably file a claim with the dealer’s insurance carrier, but before you do so, call a lawyer to ensure that you’re not signing away your right to file a lawsuit or agreeing to a settlement far less than your claim is truly worth.
Test drive waivers and the fine print that impacts your case
Before you got the keys to take the new car for a spin, the dealer likely had you sign a waiver or test drive agreement. These documents often contain language that shifts liability from the dealer to the test driver in certain situations.
For example, there may have been a clause stipulating that your Personal Insurance Protection (PIP) policy serves as the primary insurance in the event of an accident. Dealers often include this language to keep their own premiums down. Or, there may be a waiver that requires you to pay the dealer’s deductible if you cause a wreck—be wary, as this could be thousands of dollars.
Make sure to read any waiver carefully before signing, but if you’ve already signed it, gotten into a wreck, and are now wondering what your options are, it’s best to talk to a lawyer and have them review the agreement and how binding it is.
Florida’s no-fault car accident laws and test drive accident liability
Florida’s no-fault car insurance system requires licensed drivers to carry a $10,000 PIP coverage policy, which pays for their medical care and property damage in the event of a wreck.
Usually, your PIP is your first line of coverage after an accident, even in a test-driving situation. It covers 80% of your medical expenses and 60% of lost wages if you missed work to recover from them. However, Florida’s no-fault laws don’t bar injured victims from recovery through a personal injury lawsuit.
If your medical expenses exceed your PIP coverage, if the dealership was grossly negligent, or if another driver caused the wreck, you can file a lawsuit, as long as your injuries meet Florida’s legal definition of severe.
Severe injuries are those in which the victim suffers:
- Significant and permanent loss of an important bodily function (organ damage, loss of vision or hearing)
- Permanent injury within a reasonable degree of medical probability (spinal cord damage, brain trauma)
- Significant and permanent scarring or disfigurement (loss of limb, extensive facial lacerations)
What if I caused the wreck while test driving?
If the police report indicates that you were at fault for the wreck, then the other driver may file a claim with your auto insurance carrier. If the damages you caused exceed your policy limits, then the dealership’s insurance policy may cover the balance. However, you may be required to pay for the dealership’s deductible.
How a lawyer can help if you’re in a wreck while test driving a vehicle
Each dealer sets their own liability and waiver policies; your eligibility for compensation and whether you’ll be liable for any damages depend on any waiver or test drive agreement you signed and whether you caused the wreck.
The dealership may try to pin all the blame on you, leaving you open to personal liability or on the hook for paying a large deductible. A lawyer can protect your rights and ensure that you’re treated fairly after a test drive wreck.
Injured in a test drive accident? Let us help
Test-driving a car shouldn’t leave you facing unexpected medical bills or fighting an uphill legal battle. And you don’t have to navigate this process alone. Liability in test drive accidents often depends on waiver terms, fault determinations, and Florida’s no-fault insurance rules, details that an experienced car accident attorney can help you sort out.
Were you injured in an accident in which you were the test driver? We can help you secure fair compensation and protect your rights after the crash. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced car accident attorney.
