Test drives are supposed to help you decide if a car is the right fit. But what if something goes wrong and you end up in a crash? These accidents can be stressful, especially when you are unsure who is responsible or whose insurance applies. The truth is that test drive accidents are handled much like any other car accident, but there are a few unique details to know.
Who Is Responsible for a Test Drive Accident?
Responsibility in a test drive accident depends on who caused the crash. If you are behind the wheel and your mistake caused the accident, you can be held responsible. This includes common issues like following too closely, running a red light, or being unfamiliar with the car’s controls.
If another driver collides with the vehicle during your test drive, they may be the one at fault. In rare situations, a dealership worker or private seller could share blame if they interfered while you were driving. Mechanical issues or defects with the car can also make the dealership or manufacturer responsible.
New Jersey follows comparative fault rules, which means more than one party can share responsibility. For example, if you were found to be 40% at fault and another driver 60%, you could still recover some damages, but your share would be reduced by your percentage of fault.
Whose Insurance Covers a Test Drive Crash?
The question of insurance is often the most confusing part of a test drive accident. Several different policies may apply depending on the circumstances.
Your Car Insurance
If you are at fault, your personal auto insurance may step in. Your liability coverage can pay for damages up to your policy limits. For example, if you are found 70% responsible for a $50,000 claim, your insurance may cover $35,000.
The Other Driver’s Insurance
If another driver is at fault, their insurance should cover the damages. If they do not have enough coverage or no insurance at all, you may need to rely on your own uninsured or underinsured motorist protection.
Dealership Insurance
Dealerships are required to carry fleet insurance, which often covers test drives. If an accident happens, the dealership’s insurance may handle damages, especially if the crash was not your fault. Sometimes dealerships choose to absorb minor losses themselves rather than file a claim.
Liability Waivers
Some dealerships ask drivers to sign liability waivers before taking a test drive. This shifts responsibility onto the driver for accidents, even if another insurance policy could apply. While not very common, it is important to read anything you are asked to sign before getting behind the wheel.
Private Seller Test Drive Accidents
Buying from a private seller adds another layer of complexity. If you want to test drive their car, it is a good idea to confirm insurance coverage beforehand. You can call the seller’s insurer to check if their policy allows another driver to test the vehicle. Getting written permission from the seller is also smart. In addition, you should check with your own insurer to see if your policy covers you while driving another car.
What To Do After a Test Drive Crash
Even though the situation is unusual, the steps after a test drive accident are the same as any other crash.
- Check for injuries and call for medical help if needed
- Call the police and file an accident report
- Gather contact and insurance details from everyone involved
- Take photos and videos of the scene and vehicles
- Talk to witnesses and collect their information
- Report the accident to your insurance company
- Seek medical care even if your injuries feel minor
These steps protect your health and create a clear record of what happened, which helps with insurance claims and legal issues later.
Five Key Tips to Remember in a Test Drive Accident
- Stay calm and put safety first.
- Always get medical attention, even for minor pain.
- Do not admit fault at the scene.
- Collect as much evidence as possible.
- Contact an experienced car accident attorney before dealing with insurance companies.
How a Lawyer Can Help After a Test Drive Crash
Test drive accidents often involve multiple insurance companies and questions about liability. A lawyer can step in to protect your rights, deal with insurers, and make sure you are not unfairly blamed. Legal representation may help you recover damages for:
- Medical bills
- Lost income or job opportunities
- Property damage
- Pain and suffering
- Punitive damages if another party acted recklessly
Having an attorney on your side can reduce the stress of dealing with insurance adjusters and help you pursue the full compensation you deserve.
Call for Help After a Test Drive Accident
If you have been in a crash during a test drive, you do not have to go through the aftermath alone. Test drive accidents can raise tough questions about responsibility and insurance coverage. An experienced car accident lawyer can guide you, handle negotiations, and fight for the recovery you need. Call (732) 229-3200 today to talk with a lawyer about your case.