What is my boyfriend’s liability if he recently got into a car accident while test driving a car from a car dealership?

It was not his fault and the police report states that he was not liable. Today the dealership called me asking for us to file a claim with our insurance company because the person responsible for the accident doesn’t carry valid insurance. The insurance my boyfriend has is through his employer, not specific to anyone because we drive a fleet vehicle. are we held responsible for this accident?

Asked on September 30, 2014 under Accident Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your boyfriend is not liable for the accident because the other party was at fault.

The reason the dealer wants your boyfriend to file a claim with his own (employer's) insurance company is that this is an uninsured motorist claim since the at-fault party did not have insurance.  An uninsured motorist claim does NOT mean that your boyfriend is at fault; it is only filed because the at-fault party did not have insurance.  Your boyfriend's insurance will pay the cost of repairs to the car.  That insurance company will then sue the at-fault party to recover the amount it paid on the claim.


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