HobokenStang
Member
- Joined
- Oct 29, 2014
- Threads
- 1
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- 18
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- Location
- Hoboken, NJ
- Vehicle(s)
- 2006 Mustang GT
- Thread starter
- #31
To clarify, I signed absolutely nothing in regards to this matter.Pulled from: http://www.auto-insurance-claim-advice.com/accident-while-in-a-test-drive.html
Well, you have to carefully read you own insurance policy. In fact, then insurance adjusters must read your insurance policy and the dealership insurance policy.
To learn how to read a policy (does not read like a book), visit: http://www.auto-insurance-claim-advice.com/read-your-auto-insurance-policy.html
Usually, you are liable for damages you cause to a vehicle while test driving the car. However, insurance follows the vehicle.
That is why dealers make you sign things so you assume all responsibility for any/damage (that way your insurance company is on the hook for everything).
If you did not sign anything making you solely responsible for the damage, then their insurance company could be on the hook for the damages.
Do not feel that this is morally wrong. It is not. The key is in how an insurance policy reads. You are responsible for the damages that you caused.
There is no way around that. However, insurance policies consider the driver the insured. In other words, you could be considered an "insured" under the dealership policy, meaning that they would cover the risk that they assumed for people just like you. Exactly what the dealership pays premium for.
The dealership will tell you that you must pay for everything and that you assumed every single thing, this is incorrect.
Simply provide your insurance information and allow for the insurance adjuster to do an investigation.
They have to read both policies and look to see if you are covered under the dealership policy (probably since you did not assume any responsibility).
If you are covered under the definition of insured or there are no exclusions for vehicles being on test drives, your policy will act as the secondary coverage, but your primary policy will be the dealership.
An investigation must be done, and their insurance company could potentially pay 100% of the damage.
I hope this helps - See more at: http://www.auto-insurance-claim-advice.com/accident-while-in-a-test-drive.html#sthash.QjZ10VXC.dpuf
There's a couple of issues here. Even if I file a claim, the damage is still lower than my deductible, so I wouldn't be saving a cent. If the dealer files a claim, it's also below his deductible, and he could sue me in small claims court for the amount, since I was behind the wheel and theoretically negligent.
The second issue is that upon filing a claim, the car will be listed as being in accident, lowering its value, and making it difficult to sell, which works against the dealer.
So at the end of the day, the most I could realistically turn this to my advantage, would be to threaten the dealer with filing a claim to negotiate a lower out-of-pocket cost for myself, unless I'm missing something obvious.
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Best solution, plus give him the wheel and tire as a souvenir to sell to someone who wants a full size spare.