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Car damaged while test drive. What is my liability?
07-Mar-2023 (In Civil Law)
I was test driving the vehicle of a renowned company, and the sales advisor asked me to check the engine response, i was driving the car and a dog got in front of it. So i tried to stop the car but it slipped and got damaged, i was told that the car is insured and i will not have to pay any amount if it gets damaged. But the agency is asking me for money and is telling me if i don't pay the amount I'll be sent a legal notice.
ANY VEHICLE WHEN MOVES OUT OF A FACTORY AND TO THE RETAILING PURPOSES GOT INSURED PRIOR TO ITS MOVEMENT OF OUTCOMING. SO THERE IS NO QUESTION OF PAYMENT OF PENALTY. ONLY THE INSURANCE COMPANY IS LIABLE TO PAY. NEED NOT TO WORRY BUT THE LEGAL NOTICE HAS TO BE RELPLIED WITH.
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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If you are having valid driving license and there was no negligence on your part, the vehicle was insured you don't have any liability as the car was allowed for a test drive by the company at its risk and responsibility. Even if the car was not insured, there will not be your liability.
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Adv. S K Singh Chauhan
Gwalior | 100+ Answers
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It will depend upon the the following things:-
1. What kind of insurance policy they (the dealer) are having.
2. Have you signed any document/papers before test drive, acknowledging you liability.
3. The amount of negligence on your part. Even if the vehicle was not insured against test drive damage, you can not be compelled to pay the damages if there was no negligence on your part while driving the vehicle, because the dealer will be deemed to have contracted with you to take the risk of such type of damages.
1. What kind of insurance policy they (the dealer) are having.
2. Have you signed any document/papers before test drive, acknowledging you liability.
3. The amount of negligence on your part. Even if the vehicle was not insured against test drive damage, you can not be compelled to pay the damages if there was no negligence on your part while driving the vehicle, because the dealer will be deemed to have contracted with you to take the risk of such type of damages.
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Adv. Pradeep Naik
Indore | 200+ Answers
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