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Car accident while test driving

Asked over 3 years ago - Tacoma, WA

I took a car home from the dealership, the financing had not gone through yet but the salesman said that he would arrange for everything himself, I took the car for a drive with friends, I turned down a gravel road at night and a deer ran out in front of the car, I swerved to miss the deer and ended up in a unmarked construction ditch. No cops were called out to the scene, my boyfriend was able to pull the car out of the ditch but the car was not able to be driven home. The car is home now and I need to know what to do now.

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Attorney answers (2)

Keith Robert Taylor

Reputation Level 7

Answered over 3 years ago. Personal Injury Lawyer in Crystal River, FL.

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First thing consult an attorney in your area familiar with your state law. In Florida, the operator of the vehicle would be responsible for their negligence. On the facts you describe, I don't see negligence on your part. You had permission to drive the vehicle, and a deer running out in front is like a tree falling over on it (not your fault). Dealership most likely has insurance, but they may have a deductible on their policy that they'll try to push you for. You paperwork may have some type of strict liability language making you responsible, even without negligence, hence the first recommendation. I assume from your question that you have not suffered an injury. Good for you that the significance of the problem is limited to the property damage. Good luck.

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J. Brantley Durrett III

Reputation Level 9

Answered over 3 years ago. Car / Auto Accident Lawyer in Houston, TX.

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First, you need to return the car to the dealership and advise them of the accident. Before you do, I would consult with a knowledgeable consumer lawyer in Washington. To determine your legal rights more information is needed. Specifically, what was the agreement regarding the car at the time you left with it? Who owned the car? Whose obligation was it to procure insurance? When the dealer said he would arrange for everything himself - what does that mean? Does that mean he would arrange financing? insurance? In any scenario, you are obligated for any negligence in damaging the car; however, if a reasonable interpretation of the dealer's comment is that he would obtain insurance for the car it is possible that the dealer or his insurance may ultimately have to pay for any damages to the car. Good luck

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