If my car was being serviced by a dealership and while being test driven it was involved in an accident, who is responsible for the repairs?

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If my car was being serviced by a dealership and while being test driven it was involved in an accident, who is responsible for the repairs?

Their employee was driving. They are saying the other car was at fault and tell me that I now need to pick my car up from the garage and deal with the repairs myself. Do they have no obligation any longer?

Asked on April 24, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The garage would be responsible, since the car was in their care at the time and they are legally liable for cars given into their care. The employee may be liable, too, if he or she was driving carelessly or  impaired. And the other driver could be liable as well, if he or she was at fault in causing the accident. You could proceed against any or all of them, if none will voluntarily compensate you (they may then have claims against each other--e.g. "cross claims"--to detemine who contributes  how much). Speak with an attorney about your rights and who best to proeed against if no one will step up and take responsibility; the dealership should, however, since they should in turn have insurance to lay the claim against.


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