If I totaled a dealer’s car on a test drive and it was my fault, will my insurance pay?

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If I totaled a dealer’s car on a test drive and it was my fault, will my insurance pay?

Asked on June 22, 2015 under Accident Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Coverage usually goes with the vehicle. So, the liability insurance belonging to the car owner�is liable for paying the claim. In fact,�auto dealer's�carry what is known as a “garage policy” to cover this very occurrance.

However, that doesn't mean you (or your insurer) won't�ultimately bear�the cost. Many times a dealer will require�that a potential customer�sign a waiver before letting�them test drive�a car.

Laws�vary from state-to-state but when allowed, the waiver asks�the driver�to agree that their insurance will be the�"primary."�Accordingly, if�an accident happens their insurance pays first up to coverage limits, then the dealer's insurance kicks in.

Whether or not your insurance will cover your part of the claim depends on your coverage.

�


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