A man was test driving a car at car dealer and he ran into my fence he has no insurance is the car dealership responsible to pay

Asked over 1 year ago - Fayetteville, AR

Police came and gave man a ticket but they expect me to file with my insurance and I refuse. I have an estimate I need to know if I can go after the dealership

Attorney answers (6)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . While I agree with the answers of the other attorneys responding to your query, I would add that you can go ahead and file with your homeowner's insurance, if the damage is greater than your deductible, inasmuch as your insurance will not only fix your fence but then they (and their attorneys) will go after the driver and the dealership under what is called subrogation.

    Otherwise, whether to pursue it in small claims or circuit court will depend on the damages to your fence (e.g., if it is only a small section of a wood picket fence you are probably looking at a small claims case).

    If you do end up having to bring suit, make sure you name both the driver and the dealership as defendants.

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Get the insurance info of the dealership, and file a claim. If their insurance won't pay, small claims court.

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  3. June Ann Anteski

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . You need to contact an attorney to see if they will send a demand letter to the dealership to determine whether their insurance policy covers the property damage that you sustained. If it does not cover it, then you probably are just left with suing the driver of the car because it was his negligence that caused the car accident unless the car had a defect that caused the car accident. In such case, you could possibly sue the manufacturer and/or the dealership.

    Good luck.

  4. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    Answered . I would contact the dealership and demand that they alert that carrier to your claim. Their carrier should provide coverage.

  5. Sean Michael Patrick

    Contributor Level 16

    4

    Lawyers agree

    Answered . Probably not unless the dealership knew or should have known that the driver was likely to be an unsafe driver. If they were on notice, they may be liable, otherwise, I think you're stuck going after the driver.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  6. Rick E Woods

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The dealership should have insurance coverage for this type of scenario. In my opinion, if you file suit against the driver, the car dealer's policy will provide coverage. Obviously the unknown is whether this is a reputable dealership that has a policy, or a low rent car lot that does not.

    This response should not be constued as legal advice on how to proceed as our firm does not have enough... more

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