| Rogster |
Assuming you take the car to the new dealership for a trade estimate and the dealer wrecks the car (accident). Who is liable ?
your insurance or dealer insurance.
Assuming you were not aware that the dealer will take it for a spin. (you didn't consent or were told they were test-driving it.
Just curious.... |
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| DaleB |
I would think the responsibility would be shared by both insurance companies if you gave permission.
No premission, then I believe it becomes a legal matter, and might have to get settled in court. Unless the dealership was willing to work the claim with their ins. company, or just pay out for the damages. |
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| texrb |
I would think that if you give your keys to the dealer to appraise the care for a trade-in, then you are indirectly granting the dealer the right to drive the car - unless you specifically tell them not to drive it when you give them the keys.
If you tell them not to drive it, and they do anyway , and wreck it - then I would think they are 100% responsible for the damages.
If you just hand them the keys and say nothing, then it may be a shared responsibility. However, having said that - I would still push for the dealer to pay your deductable & then let the 2 insurance companies haggle over who pays what.
Just my $.02 |
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| Maik |
Insurance laws differ in each state, however, the general rule is that the insurance follows the driver. If driver is not insured, then owners policy would cover. The issue of whether permission was granted is moot. It would not be unreasonable to expect the dealer to test drive a car to determine value.
In the case of a dealer, I would be quite surprised if there was no insurance. In all likelyhood, dealers insurance policy would cover. |
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| paul123 |
quote:
Originally posted by Maik Insurance laws differ in each state, however, the general rule is that the insurance follows the driver. If driver is not insured, then owners policy would cover.
This is what I was told in the past. The issue used to always come up when renting a car, should you buy additional insurance or not. Alot of the time when I purchased extra insurance I was feeling that the additional insurance would cover any type of accident that I had. A friend told me that insurance follows the driver and if you have insurance on your own vehicle, even in another state, they would cover the incident. I actually didn't want my insurance to have any responsibility, because if there is an aciident, then my rates would risk the increase. Going forward I haven't been purchasing additional insurance because I carry plenty on my own insurance policy. It would be as if you are double insuring the vehicle which would be overkill. Someone had told me to not disclose to rental company that I own my own vehicle and carry insurance. Then they may not be able to charge them. I was lucky when I had an incident in Florida with an accident, I had charged to my American Express and they picked up all the damages. I was glad I had charged on my Amex card! |
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