What to do if I had an accident while testing driving a car from a dealership?
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What to do if I had an accident while testing driving a car from a dealership?
I was testing a car from a dealership. The car in front of me started going, and than suddenly stopped. I hit the car. Nobody was injured; police were at the scene; I got a ticket, (which latter was dismissed). Now, the dealer’s insurer will not cover the damage and my insurer will not cover it. What can I do? Should I hire a lawyer? In Lake County, IL.
Asked on November 22, 2010 under Accident Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would certainly hire someone to at the very least look in to why the dealership's insurance would not cover you while you were test driving their car. I would think that they would have to cover you and that the dealership would have to maintain such insurance in order to operate. Otherwise the general public would not be protected from just the sort of event that happened here. Something does not wound right. What may have to happen is what is known as a declaratory judgement action as against the dealers insurance company and your insurance company demanding that someone cover you for the loss (your insurance probably covers your vehicle and anyone driving your vehicle but does not "follow" you but it is good to have them in the suit in any case). Good luck.
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