Knowing what happens when you are injured in a car accident while test-driving a vehicle in Arizona is a mystery to many of our clients, and understandably so. This is a complex liability issue that you want to discuss with a qualified personal injury attorney.
Will the dealership’s insurance cover your damages, or should you file a claim with your policyholder? Those are both valid questions that need answers. Stick with us to learn what to do if you get in a collision while car shopping and why.
If someone is injured in a car accident while test driving a vehicle, liability depends on who caused the crash. In Arizona, a victim can file a claim against the at-fault party to recover medical bills, lost wages, and pain and suffering. But who is to blame is certainly a valid question that requires a response from an experienced legal professional.
When a third-party motorist hits a dealership’s vehicle, their insurance is liable for the damages, similar to a standard accident. If the person test-driving caused the accident, their personal car insurance is usually the primary payor, while the dealership’s insurance may act as secondary coverage.
However, if the dealership was negligent by allowing an individual to test-drive a car with faulty brakes, for example, the dealership’s insurer is responsible for the damages. That is why some auto retailers require buyers to sign a waiver. But do not worry, this document may not protect them if they were grossly negligent or if the waiver violates state law.
The first thing a victim should do if they are injured in a car accident while test-driving a vehicle is to seek medical attention. It is essential for motorists to prioritize their health and document any injuries immediately. Now, call the police to get an official report. Notifying law enforcement of the incident is essential when filing an insurance claim, even if the test driver is the one at fault.
If possible, collect as much evidence at the scene. Take photos of all injuries, vehicle damage, and debris in the roadway. Speak with bystanders and request contact information from anyone who witnessed the crash. Regardless of who is at fault, the test driver will want to notify their insurer, as their auto policy may extend to borrowed vehicles. Next, consult with a Phillips Law Group attorney. We can navigate liability between the driver’s personal insurance and the dealership’s policy, especially if the driver was seriously injured.
Now that you have a better understanding of what happens when you are injured in a car accident while test-driving a vehicle, reach out to Phillips Law Group for advice. With our free, no-obligation consultation with a team member, there is no reason to let your questions go unanswered.
We have law offices across Arizona, and we likely serve your community right now. Our team has dedicated more than 30 years locally to pursuing justice, and we stand ready to do the same for you.
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