What Happens If You Are Injured While Test-Driving a Vehicle in Arizona?

TL;DR: If you are injured while test-driving a vehicle in Arizona, liability may fall on another driver, the dealership, a dealership employee, or another party depending on how the accident occurred. Multiple insurance policies may also apply, making it important to document the crash, seek medical care, and understand your options for compensation.

Test-driving a vehicle is usually an exciting step toward buying a new or used car. But even a short trip around the dealership can result in an unexpected accident. You could be hit by another driver, a dealership employee could cause a collision, or a mechanical problem with the vehicle could contribute to a crash.

If you are injured while test-driving a vehicle in Arizona, determining who is responsible can be more complicated than after a typical car accident. Depending on how the accident occurred, the driver, another motorist, the dealership, an insurance company, or potentially another party could be involved.

Understanding how liability and insurance coverage may apply can help you protect your rights after a test drive accident in Arizona.

Who Is Liable for an Accident During a Dealership Test Drive?

Liability after a test drive accident generally depends on who caused the collision and why it happened.

The fact that a dealership owns the vehicle does not necessarily mean the dealership is automatically responsible for an accident. Instead, investigators may examine the actions of everyone involved.

Potentially responsible parties may include:

• The person test-driving the vehicle
• Another driver who caused the collision
• A dealership employee accompanying the test driver
• The dealership itself
• A vehicle or component manufacturer in certain defect-related cases
• Another person or business whose negligence contributed to the accident

Some accidents can involve more than one responsible party. Identifying the cause of the collision is therefore an important first step in determining which insurance coverage may apply.

What If Another Driver Hits You During the Test Drive?

A test drive does not eliminate the responsibilities other motorists have on the road. For example, imagine you are test-driving a vehicle when another driver runs a red light and crashes into you. The fact that you do not own the vehicle you are driving does not necessarily prevent you from pursuing an injury claim against the negligent driver.

Depending on the circumstances and available coverage, an injured test driver or passenger may be able to seek compensation for losses such as:

• Medical expenses
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Other accident-related economic losses

As with other Arizona car accident cases, evidence showing how the crash occurred can be critical.

What Happens If You Cause an Accident While Test-Driving a Car?

This situation can become more complicated.

When you take a dealership vehicle onto a public road, multiple insurance policies may potentially become relevant. The dealership may maintain insurance covering its vehicles, while the person taking the test drive may also have personal automobile insurance.

Which policy applies—and in what order—depends on the circumstances, the policies involved, and the facts surrounding the accident.

Do not assume that either your personal policy or the dealership’s policy will automatically cover every loss. Insurance coverage should be investigated carefully following a serious test drive accident.

Does a Dealership’s Insurance Cover Test Drive Accidents?

Car dealerships generally maintain insurance related to their business operations and vehicles. However, whether a particular policy covers an accident during a test drive depends on the terms of that policy and the circumstances of the crash.

Questions that may need to be answered include:

• Who was driving?
• Did the dealership authorize the test drive?
• Was a dealership employee inside the vehicle?
• Who caused the collision?
• What dealership insurance coverage was in effect?
• Does the test driver’s personal auto insurance provide coverage?
• Were there any restrictions or exclusions under either policy?

When multiple policies are potentially involved, determining which insurer is responsible for a particular loss may require a detailed review of the applicable coverage.

Can a Dealership Be Liable for a Test Drive Accident?

Possibly. A dealership could potentially face liability when its own negligence contributes to an accident or injury.

For example, liability questions may arise if a dealership allows a vehicle with a known or reasonably discoverable dangerous mechanical problem to be taken on a test drive.

Potential problems could include:

• Defective or poorly maintained brakes
• Steering problems
• Unsafe tires
• Malfunctioning lights
• Other dangerous mechanical conditions

A dealership employee’s actions may also become relevant. If an employee is driving the vehicle and causes an accident through negligent driving, the circumstances of the employee’s conduct and employment could affect the resulting claim.

Every case is different, which is why the underlying cause of the crash needs to be investigated rather than assuming responsibility based solely on who owned the vehicle.

What If a Defective Vehicle Causes an Accident During the Test Drive?

Sometimes the driver is not the primary reason an accident occurs.

Imagine taking a vehicle for a test drive and discovering that the brakes fail as you approach an intersection. Or perhaps a steering component fails and causes the driver to lose control. These situations may raise questions about whether the vehicle was properly inspected and maintained or whether a defective vehicle component contributed to the collision.

Depending on the evidence, potentially responsible parties could include the dealership, a repair or maintenance provider, a manufacturer, or another party involved with the vehicle.

Evidence can disappear quickly after a crash. A damaged dealership vehicle may be repaired, inspected, moved, or returned to service. When a mechanical defect is suspected, preserving the vehicle and its maintenance records can become especially important.

What If You Were a Passenger During the Test Drive?

You do not have to be behind the wheel to have a potential injury claim. A spouse, friend, family member, or dealership employee riding as a passenger can also suffer significant injuries during a test drive accident.

Because a passenger generally was not controlling either vehicle involved in the collision, the primary issue is often identifying which driver or other party caused the crash and which insurance policies provide coverage.

How Is Fault Determined After an Arizona Test Drive Accident?

Investigating fault may involve many of the same forms of evidence used in other Arizona auto accident cases.

Important evidence can include:

• Police reports
• Photographs and videos from the accident scene
• Vehicle damage
• Witness statements
• Traffic or surveillance camera footage
• Dash cam recordings
• Dealership records
• Test drive agreements
• Vehicle maintenance and inspection records
• Electronic vehicle data
• Insurance policies

If a mechanical failure is suspected, an inspection of the vehicle may also provide important evidence about what caused the accident.

Arizona follows a comparative-fault approach, meaning responsibility for an accident can potentially be allocated among multiple parties. A person who bears some responsibility for a collision is not necessarily prevented from pursuing compensation from another party who also contributed to the accident.

What Should You Do After Being Injured During a Test Drive?

The steps you take immediately after an accident can affect both your health and your ability to establish what happened.

If you are involved in a dealership test drive accident:

• Seek medical attention.
  • Call 911 if anyone is seriously injured and obtain appropriate medical care.
• Report the accident.
  • Contact law enforcement when appropriate so the collision can be documented.
• Get everyone’s information.
  • Obtain contact and insurance information from the drivers involved as well as information about the dealership and accompanying employee.
• Take photographs and video.
  • Document the vehicles, damage, intersection or roadway, skid marks, traffic signals, injuries, and other relevant conditions.
• Get witness information.
  • Independent witnesses can become important if there is later disagreement about how the crash occurred.
• Keep your test drive paperwork.
  • Preserve anything you signed or received from the dealership.
• Get medical treatment and follow your doctor’s recommendations.
  • Some injuries may not become fully apparent immediately after a collision.
• Be cautious when discussing the accident with insurance companies.
  • Statements made early in the claims process can later become important.
• Speak with an Arizona personal injury attorney if you have been seriously injured.
  • An attorney can investigate liability and determine which insurance policies and parties may be involved.

The Law Office of Sonja Duckstein similarly recommends documenting an accident scene, obtaining witness information, reporting the accident, and avoiding admissions of liability following a collision.

Who Pays Your Medical Bills After a Test Drive Accident?

There is no single answer that applies to every test drive accident.

Payment may ultimately involve one or more insurance policies depending on who caused the crash and what coverage is available. A claim may potentially involve another driver’s liability coverage, dealership-related insurance, the test driver’s own applicable coverage, or other sources.

This is one reason test drive accidents can become more complicated than they initially appear. Before accepting an insurer’s explanation that another company is responsible—or that there is no applicable coverage—it can be helpful to have the circumstances and policies reviewed.

Why Test Drive Accident Claims Can Become Complicated

A typical two-car accident might involve two drivers and two insurance companies. A dealership test drive accident can add several additional layers.

There may be questions involving:

• Vehicle ownership
• Permission to drive the vehicle
• Dealership insurance
• Personal auto insurance
• Employee conduct
• Vehicle maintenance
• Product defects
• Multiple injured people
• Multiple potentially responsible parties

Insurance companies may disagree about who should pay or attempt to shift responsibility to another insurer or party.
For an injured person, those disputes can create delays while medical expenses and lost income continue to accumulate.

Should You Contact an Arizona Personal Injury Lawyer After a Test Drive Accident?

If you suffered significant injuries during a test drive, speaking with an attorney can help you understand which parties and insurance policies may be responsible.

An attorney can investigate how the collision happened, obtain relevant dealership and insurance information, preserve important evidence, communicate with insurers, and pursue compensation from responsible parties when appropriate.

The sooner an accident is investigated, the easier it may be to preserve evidence such as surveillance footage, witness information, vehicle records, and evidence of a suspected mechanical problem.

Contact the Law Office of Sonja Duckstein After an Arizona Test Drive Accident

If you were injured while test-driving a vehicle in Arizona, you may be dealing with more than a standard auto insurance claim. Questions involving dealership ownership, multiple insurance policies, another driver’s negligence, or a potentially unsafe vehicle can make determining responsibility complicated.

The Law Office of Sonja Duckstein represents injury victims throughout Arizona and has more than 20 years of experience handling personal injury accident claims. Sonja Duckstein personally handles her clients’ cases and works to pursue fair compensation for medical expenses, pain and suffering, and other accident-related losses.

If you have been injured during a dealership test drive, contact the Law Office of Sonja Duckstein for a free consultation to discuss what happened and learn more about your legal options.