CrabR Posted January 19, 2011 Share Posted January 19, 2011 my wife went for a test drive. the windshield had the sticker mounted on the passenger side. We we going to turn around and the salesman directed her to a vacant lot to turn around, She ran over a 8" high concrete piling, looks like type lights were once mounted on as it had 4 bolts embedded in it. THe sticker blocked any view of the concrete she hit so whose insurance is liable Link to comment Share on other sites More sharing options...
Burgold Posted January 19, 2011 Share Posted January 19, 2011 Disclaimer... not a lawyer. I'd think you guys are liable. Unless you can prove that sticker is a traffic hazzard which I suspect won't be easy. How do you miss something 8 feet tall? Link to comment Share on other sites More sharing options...
HOF44 Posted January 19, 2011 Share Posted January 19, 2011 Disclaimer... not a lawyer. I'd think you guys are liable. Unless you can prove that sticker is a traffic hazzard which I suspect won't be easy. How do you miss something 8 feet tall? 8 inches Burgy. But what a nightmare, something out of an SNL skit even. Link to comment Share on other sites More sharing options...
PokerPacker Posted January 19, 2011 Share Posted January 19, 2011 Disclaimer... not a lawyer. I'd think you guys are liable. Unless you can prove that sticker is a traffic hazzard which I suspect won't be easy. How do you miss something 8 feet tall? "= inches, bro. '=feet Link to comment Share on other sites More sharing options...
Burgold Posted January 19, 2011 Share Posted January 19, 2011 Well, that makes a whole a world of difference I need some sleep. Coulda swore I saw ' and not " Link to comment Share on other sites More sharing options...
Hunter44 Posted January 19, 2011 Share Posted January 19, 2011 He said 8" not 8'. lol I would say the auto park is responsible. It's their car, their property, they should have it insured. Link to comment Share on other sites More sharing options...
Dan T. Posted January 19, 2011 Share Posted January 19, 2011 Disclaimer... not a lawyer. I'd think you guys are liable. Unless you can prove that sticker is a traffic hazzard which I suspect won't be easy. How do you miss something 8 feet tall? [insert tiny Stonehenge joke here.] Link to comment Share on other sites More sharing options...
KDawg Posted January 19, 2011 Share Posted January 19, 2011 Hey, did you guys know his post said 8 inches, not 8 feet? I can't believe no one pointed that out yet. Link to comment Share on other sites More sharing options...
twa Posted January 19, 2011 Share Posted January 19, 2011 I would say the driver unless ya can fault the salesman for directing you into the lot Or ya can do the American way and sue the lot owner claiming a unmarked hazard:silly: If ya have full coverage turn it in to yours and let them argue,if not that better have been a large sticker obstructing your view. Link to comment Share on other sites More sharing options...
Skinz4Life12 Posted January 19, 2011 Share Posted January 19, 2011 jesus....who crashes a car during a test drive? **** happens, but i would expect to pay for it if i did it Link to comment Share on other sites More sharing options...
artmonkforHOF Posted January 19, 2011 Share Posted January 19, 2011 I know for a fact in Canada that the dealer is liable, but that might not help you much. The logic behind it is that the vehicle needs to be insured, not the driver. If you loan someone your car, and they wreck it and your insurance does not cover other drivers, would your friend's insurance company pay for the repairs? the answer is hell no. The dealer technically owns the vehicle, but I bet they will argue that they don't in this case, so it is their responsibility to insure the vehicle. Dealers want to have you pay for the damage so they do not have to make a claim. They do not want to make the claim for various reasons, but the main two are that no one wants to make a claim and if they do not have all the proper paperwork in order for the test drive (checking license, pre-drive vehicle check etc) then the insurance company will not pay the claim on the grounds that the dealer was negligent. If they are giving you a hard time I have 2 suggestions for you: 1) tell them that you still want to buy a car off them and see if they change their tone 2) if they try and tell you that you have to pay, tell them to sue you and you will see them in court. Link to comment Share on other sites More sharing options...
Hunter44 Posted January 19, 2011 Share Posted January 19, 2011 I would say the driver unless ya can fault the salesman for directing you into the lot I think that if they want to make a sale then the lot would cover it. They are insured after all. Or ya can do the American way and sue the lot owner claiming a unmarked hazard:silly: You laugh but do you think that the corporation would hesitate to sue the driver if they felt the driver was wrong? Why shouldn't the driver have the same option? If ya have full coverage turn it in to yours and let them argue,if not that better have been a large sticker obstructing your view. Assuming that the driver even has a car and insurance. If you're driving my car and crash it, it goes through on my insurance, not yours. (You might be liable for a deductible.) I would imagine that this is no different, their car, their insurance. Link to comment Share on other sites More sharing options...
CrabR Posted January 19, 2011 Author Share Posted January 19, 2011 They want my insurance info.I told them to have their insurance company contact me Now they are saying we ran out on them, same guy who came with the offer, on the car we were looking at on the showroom floor not the car she wrecked. We were there 45 mins after the innocent, i had time for 2 cups of coffee and never once did they say anything. Flattened a tire and scraped the paint below the door from front tire to rear tire. Nothing broken Link to comment Share on other sites More sharing options...
Elessar78 Posted January 19, 2011 Share Posted January 19, 2011 Just did a google search for this situation... Apparently, if it's a big dealership then they should have insurance for specifically this sort of thing. So they are responsible UNLESS you were negligent or did it on purpose. But that is something that they would have to prove in court, which would make it an undesirable situation. ArtmonkHOF had an interesting suggestion: if you like the car, would you consider buying it from them repaired and at a lower price? It creates a win-win, plus no insurance claim for them. ---------- Post added January-19th-2011 at 02:23 PM ---------- They want my insurance info.I told them to have their insurance company contact meNow they are saying we ran out on them, same guy who came with the offer, on the car we were looking at on the showroom floor not the car she wrecked. We were there 45 mins after the innocent, i had time for 2 cups of coffee and never once did they say anything. Flattened a tire and scraped the paint below the door from front tire to rear tire. Nothing broken Can't help but find your Freudian slip amusing. Also, is it a "nice" dealership? Most would have surveillance cameras for the lot that would prove how long you stayed. Link to comment Share on other sites More sharing options...
CrabR Posted January 19, 2011 Author Share Posted January 19, 2011 how did i get from incident innocent, I better start wearing my glasses just got off the phone with my insurance agent he said give them the info. He cant see this going against my record or my insurance paying a claim.He thinks it was a scare tactic to get me to buy the car. By law they have to have insurance to cover this I will update the outcome in the months to come Link to comment Share on other sites More sharing options...
Skins24 Posted January 19, 2011 Share Posted January 19, 2011 *sigh* <insert comment about women driving here> Link to comment Share on other sites More sharing options...
Tweedr01 Posted January 19, 2011 Share Posted January 19, 2011 8 inches Burgy.But what a nightmare, something out of an SNL skit even. "= inches, bro. '=feet He said 8" not 8'. lolI would say the auto park is responsible. It's their car, their property, they should have it insured. Hey, did you guys know his post said 8 inches, not 8 feet? I can't believe no one pointed that out yet. how is there no, "that's what she said" in here? Link to comment Share on other sites More sharing options...
FedexFieldInsider Posted January 19, 2011 Share Posted January 19, 2011 Not sure about Maryland, but insurance in Virginia follows the vehicle. So anyone you allow to drive your vehicle that is insured in Virginia is covered under your insurance policy. The dealership, as the owner of the vehicle, are required to maintain insurance on the vehicle. The damage done to the vehicle, should be covered under the dealerships policy and they may be asking for you to cover the deductible. If the damage is less than the deductible, it would make sense for them to ask you to cover such damage. Since I'm not sure about Maryland, and if you have a company like Allstate or State Farm that has agents, call them and they can find out for you. If you have a company that uses a 1-800 #, don't call unless you are filing an actual claim. Edit: Just noticed your post saying you already called your agent - Good work Link to comment Share on other sites More sharing options...
Henry Posted January 19, 2011 Share Posted January 19, 2011 They want my insurance info.I told them to have their insurance company contact meNow they are saying we ran out on them, same guy who came with the offer, on the car we were looking at on the showroom floor not the car she wrecked. We were there 45 mins after the innocent, i had time for 2 cups of coffee and never once did they say anything. Flattened a tire and scraped the paint below the door from front tire to rear tire. Nothing broken Good lord. If it's just a flat tire and some paint why are they giving you a hard time? They should be able to take care of that themselves in a half an hour. Link to comment Share on other sites More sharing options...
twa Posted January 19, 2011 Share Posted January 19, 2011 I think that if they want to make a sale then the lot would cover it. They are insured after all.You laugh but do you think that the corporation would hesitate to sue the driver if they felt the driver was wrong? Why shouldn't the driver have the same option? Assuming that the driver even has a car and insurance. If you're driving my car and crash it, it goes through on my insurance, not yours. (You might be liable for a deductible.) I would imagine that this is no different, their car, their insurance. So who is at fault doesn't matter?....it does here I laughed at the notion the owner of a empty lot could be found liable for a unauthorized vehicle running into his property....it can happen What if the ded is 10,000? The laws vary by state Link to comment Share on other sites More sharing options...
Kosher Ham Posted January 19, 2011 Share Posted January 19, 2011 Dealerships have insurance for this stuff. Amazing that they even tried this with you. Link to comment Share on other sites More sharing options...
AzSkinsFan63 Posted January 19, 2011 Share Posted January 19, 2011 Let your insurance company know because they have a duty to defend you and will not pay out unless they have too. Link to comment Share on other sites More sharing options...
artmonkforHOF Posted January 19, 2011 Share Posted January 19, 2011 ArtmonkHOF had an interesting suggestion: if you like the car, would you consider buying it from them repaired and at a lower price? It creates a win-win, plus no insurance claim for them Well, I meant just try and buy any car on the lot, not the wrecked one. Even if the profit they would make on the car does not equal the repair cost of the car, a new car dealer would be more than happy to sell you the car with no charge to repair the damaged one. used car dealers are a bit different, but I assume your wife damaged a new car, since it had a sticker on it. A used car dealer sees the damage as a loss he needs to make up, but even still, if you offer to buy a car from him then I would suspect the cost to repair damages would not be an issue, unless the guy is a real jerk. Link to comment Share on other sites More sharing options...
Elessar78 Posted January 19, 2011 Share Posted January 19, 2011 This is the equivalent of a dented can in a grocery store. Granted an expensive dented can, but same principle. You're not obliged to buy the can even if you dented it. But they can try to sell it at a reduced price or write it off at the end of the year. ---------- Post added January-19th-2011 at 04:22 PM ---------- Well, I meant just try and buy any car on the lot, not the wrecked one. Even if the profit they would make on the car does not equal the repair cost of the car, a new car dealer would be more than happy to sell you the car with no charge to repair the damaged one. used car dealers are a bit different, but I assume your wife damaged a new car, since it had a sticker on it. A used car dealer sees the damage as a loss he needs to make up, but even still, if you offer to buy a car from him then I would suspect the cost to repair damages would not be an issue, unless the guy is a real jerk. Ah, I gotcha. Well it's not wrecked. Cosmetic damage. It's just me but I would try to get a car at a good price out of this situation. I mean don't offer to buy it until you reach an impasse or else they might start to think you did it as a scam. Link to comment Share on other sites More sharing options...
SWFLSkins Posted January 19, 2011 Share Posted January 19, 2011 Good lord. If it's just a flat tire and some paint why are they giving you a hard time? They should be able to take care of that themselves in a half an hour. Exactly, and having work in the Car business awhile back I agree that they are just trying to scare crabr into buying a car. I would do a dangerfield and say, oh, oh my neck is starting to hurt, do you have your insurance companies info? (once you mention personal injury the STFU can will be unleashed. Link to comment Share on other sites More sharing options...
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