Legal Question in Civil Litigation in California
Accident during Test Drive
We are selling a vehicle and went along as a potential buyer took a test drive. As the driver was pulling in to park at the end of the drive HE HIT A POLE. Now, he claims he may not want to purchase this vehicle now, but that he needs to ck to see if he is legally responsible for the damage. He says he may or may not pay our deductible. He is a licensed driver, and we have that info, but I need to know what our rights are. If he bails, can we sue for the damage? Is there anything that obligates him?
2 Answers from Attorneys
Re: Accident during Test Drive
He hit the damn pole, of course he's liable! Don't let him off just paying the deductible. He should pay for all the damage. He should also rent you a car while yours gets fixed if that's necessary (or pay you for the loss of use of your vehicle if it's going to be in the shop for any period of time).
Ask him this: YOU drove into a pole. WHO DO YOU THINK SHOULD BE RESPONSIBLE, THE POLE???
Re: Accident during Test Drive
Is is legally responsible for damage to the vehicle and the pole.