My $1,900 Test Drive

[RisingForce]

How about ask the Dealer for a payment plan?

You could just stop by every few weeks with some money until you pay it off. They get their money, no court and you don't have to raise $1900 all at once.

He shouldn't have to pay full retail.

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[DRKHR5]

That's kind of what I was thinking, except I have no means of determining what "at-cost" is.

The dealership has this information easily available to show you. Every institutions' "Cost" is different. Ford builds millions of vehicles… you have to imagine they have negotiated some of the lowest "costs" per tires.

And if ford doesn't want to show you the "cost" pricing… then they obviously have no intention of being friendly with you in working this all out. And then i'd take my business else where when it comes to the purchase of your vehicle. And flat out tell them you will not pay their initial price when you know its lower. They will most likely eventually take what they need to get it resolved.

There is the "in-person" details we are missing that you mentioned were heated or whatnot. But if they don't want to do it for cheapest possible for both parties involved when you are a "Mustang" guy… then they don't care about your business.

 

[HobokenStang]

He shouldn't have to pay full retail.

Right, I have no issue making the dealer whole, but I also don't think they should profit from the situation at my expense, if I can possibly avoid it.

 

[Fox9350]

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

I'd follow this advice. A call to your own insurance might be well worth it just to ask what the real options are.

 

[Murdered Out Pony]

You know, you can call your insurance and tell them what happened, ask for advice and NOT file a claim if it's not beneficial.
Call them. See what they say.
worst case you pay the dealer cost only for parts, no labor no mark up. Best case your insurance might be able to help you out.

 

[RisingForce]

This isn't entirely straightforward. It really depends on the facts of the case. Generally any retail store cannot hold you responsible for damage unless you were negligent. Automobiles are chattel and not real property, though I will admit I do not know if there are specific state laws in your case which deal specifically with automobile liability which could invalidate any defense you might mount.

If there is nothing specific to prevent you from simply attempting to defeat a claim of negligence by the dealer, you could possibly defeat it in small claims court based on the fact that the car was new to you and it is reasonable that someone with no driving experience in a car could cause damage and it is a risk inherited by the dealer in order to do business. This only works if you were driving tame the entire time and you will likely need to involve a lawyer for legal advice (SC are informal proceedings so no need for one for 'trial'). In the end the worst that could happen is the court would demand you pay.

Incorrect. He would lose the battle. Trust me.
In the court he would have to pay the $1900 PLUS all the legal fees.

 

[POOPonYOU]

I read that some dealers make you fill out a liability form for test drives which protects them. Liability laws vary from state to state.

 

[POOPonYOU]

Hey RisingForce, does your dealer have insurance to protect themselves during test drives? I know that most car companies require more protection than normal just in case the victim tries suing them if the leasee doesn't have sufficient coverage.

 

[2yankeesoldiers]

Frankly, I'm not entirely sure what recourse I have in this situation.

you've damaged another person property... Pay that man his money.

I read that some dealers make you fill out a liability form for test drives which protects them. Liability laws vary from state to state.

Hmm, this is true.
The more I think about it, I'm certain they have ins for test drives. I've seen some dealerships even take copies of drivers lic / ins before test drives.

All is not lost, pressure them for an exit Strategy that would be beneficial for both themselves and your wallet, something along the lines of "sue me"
I'm sure they'd rather not got after an innocent joe (yourself) over a few pennies.

No way their letting avg joe's (myself) come in and expect all will go well on a "test drive"

 

[thaext]

Hey RisingForce, does your dealer have insurance to protect themselves during test drives? I know that most car companies require more protection than normal just in case the victim tries suing them if the leasee doesn't have sufficient coverage.

All dealerships have insurance afaik.

 

[Shark77]

I'd ask them for their insurance information and VIN and advise them that I'll be talking to my insurance and lawyer on the best way to remedy this.

Then I'd check around to see exactly how much I could replace the wheel/tire combo. If they don't get back to me by the time I find a reasonable deal on the wheel/tire combo, I might call them back and offer to pay at the price I found for the wheel and tire.

My guess is that they'll cut you a deal before it gets too far, but if not, you'll be armed with the next best outcome.

 

[RisingForce]

Hey RisingForce, does your dealer have insurance to protect themselves during test drives? I know that most car companies require more protection than normal just in case the victim tries suing them if the leasee doesn't have sufficient coverage.

Yep. $1500 deductible.

 

[Munkywrench]

If it was me I wouldn't pay & let them take me to small claims. For a small scratch I doubt they'll go through the trouble of taking you to court. They could easily fix that scratch in house for less than $20. If it does go to court & win then they'll be forced to come up with a more accurate quote which will be no near what they claimed. Besides I'm sure the judge will not favor a rediculous amount under the circumstances

 

[TechnoBabble28]

Pulled from: http://www.auto-insurance-claim-advi...est-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-advi...ce-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-advi....QjZ10VXC.dpuf

As an insurance producer, I can tell you that the person who caused the damage, in this case the OP, is almost always responsible for reparations. The dealership has a general P&C line and depending on the dealership, an inventory insurance line. This coverage is not all encompassing and the requirements car vary state to state or even dealership to dealership. Many of these plans are "a la carte".

The OP was responsible for the damage and as such is responsible for fixing it. I had a guy wrap a Chrysler 300 SRT8 around a tree during a test drive a year or two ago. We totaled it and paid out the full value of the car to the dealership. Very different circumstances but the underlying idea is the same.

1st, CALL YOUR AGENT!! We see these things all the time. It's really not that complex of a situation. Nothing is going to get reported if you just have a conversation with your agent and ask for advice.

2st, do some research and see if you can find a replacement wheel and tire from another dealership or online because that price is a little ridiculous as others have already mentioned. You should be able to find it at or near cost somewhere.

3nd, make sure you keep the wheel and tire you damaged. If you paid for a replacement you are entitled to the original. Sell it online and recoup some of your money.

4rd, this would not show up on a CarFax report. It is not considered collision damage and would most likely be paid from your comprehensive coverage. I have yet to see any comprehensive damage under $3,000 show up on any report.

 

[RisingForce]

If it was me I wouldn't pay & let them take me to small claims. For a small scratch I doubt they'll go through the trouble of taking you to court. They could easily fix that scratch in house for less than $20. If it does go to court & win then they'll be forced to come up with a more accurate quote which will be no near what they claimed. Besides I'm sure the judge will not favor a rediculous amount under the circumstances

$20?
Welcome to 2014 grandpa. :lol:

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