Legal Question in Insurance Law in California

test drive fender bender

While completing a test drive without the salesman, he just gave me the keys, I forgot to put the car in park and it rolled into a brick fence post. The result was a dent/crack in the bumper. Prior to driving the car the salesman photocopied my license but I never signed anything accepting liability for the car. The dealership also owns a body shop that they took the car to get an estimate. They want me to pay for the damage. Am I liable? If I am, do I have any options regarding where the repairs are made? My insurance will cover it, but I would think the dealer would have coverage for that sort of thing.


Asked on 7/06/07, 9:16 pm

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: test drive fender bender

You are responsible for the damage. You can either turn it into your insurance and your rates will go up or you can pay it yourself.

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Answered on 7/18/07, 11:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: test drive fender bender

Of course you're liable. Even if the dealer has insurance for such losses, its insurance carrier can sue you to recover the benefits you caused it to pay out.

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Answered on 7/23/07, 9:04 pm


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