If I was test driving a dealership car and was involved in accident do to it being unsafe, is there anything I can do lawsuit wise?

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If I was test driving a dealership car and was involved in accident do to it being unsafe, is there anything I can do lawsuit wise?

Asked on May 16, 2015 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were injured and believe it was due to the car being unsafe (e.g. mechanically not sound), you could sue the dealer and/or the manufacturer to recover your medical costs, lost wages, and possible--for serious injuries--"pain and suffering. If you weren't hurt, there'd be no point in suing--since you can only recover money for actual losses or injuries, if you were not hurt, there's nothing to recover money for.

If you are being sued and believe it was not your fault, you can try to raise the car's alleged unsafe condition as the cause of the action, and/or generally show that you were not at fault.

Note that to raise an unsafe condition of the car, either in your own lawsuit or as a defense to beng sued, you would need an expert to test and testify about the car, which obviously can cost a signifiant amount of money.


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