Legal Questions After A Test Drive Crash
On Behalf of The Andres Lopez Law Firm , PA | October 21, 2025 | Uncategorized
When an accident occurs during a test drive, determining liability isn’t always straightforward. The services of a Margate, FL car accident lawyer are often sought after incidents involving dealership vehicles and prospective buyers. At The Andres Lopez Law Firm, we assist individuals who are injured in these unusual circumstances and help them understand who may be responsible for their losses. In some cases, complications arise when medication masks brain trauma following the collision, delaying diagnosis and treatment.
Understanding Who Holds Legal Responsibility
Florida law generally holds the at-fault driver responsible in a collision. But test drive accidents introduce additional layers of complexity. Was the prospective buyer driving recklessly? Did the dealership fail to supervise the test drive properly? Was the vehicle mechanically sound? The answers to these questions determine where liability falls such as on the driver, the dealership, or both. An attorney will work with you on your case to determine who is at fault to ensure you receive the compensation you deserve.
Insurance Coverage In Test Drive Situations
Most car dealerships carry commercial insurance policies that cover their fleet during test drives. These policies usually extend coverage to prospective drivers, but limits and exclusions vary. If the driver has personal auto insurance, their policy may act as secondary coverage. We analyze both insurance agreements to identify which carrier is primarily liable for covering injuries and property damage.
Dealership Liability And Negligent Entrustment
If a dealership allows someone to test drive a car despite clear signs they are unfit to drive such as being visibly intoxicated or lacking a valid license, they could be liable under the legal theory of negligent entrustment. For example, if they do not ID a driver and a minor gets behind the wheel, they can be held accountable for not verifying who they let drive. We review the dealership’s policies and staff conduct to determine whether reasonable precautions were taken.
Liability For Vehicle Malfunctions
Another potential issue is whether a mechanical failure during the test drive caused or contributed to the accident. Dealerships are responsible for maintaining their vehicles in safe working order. If a brake failure, steering issue, or engine malfunction played a role, the dealership may bear significant responsibility.
Comparative Fault In Florida
Florida follows a comparative fault system. This means that more than one party can share blame for an accident. If both the driver and dealership were partially at fault, compensation is divided based on each party’s percentage of responsibility. We use this framework to advocate for injured clients seeking the maximum recovery allowed under the law. It is perfectly normal to have multiple parties be held liable, and we have experience in doing so.
Legal Support After A Test Drive Accident
We are Rated by Super Lawyers and are a proud Member of the Florida Bar Association. We guide clients through the insurance claims process and legal strategy needed to hold the right party accountable. It is possible to have a
lawsuit which highlights negligence by a dealership that failed to inspect a vehicle before a test drive, leading to avoidable harm.
If you’ve been injured in a car accident involving a test drive, reach out to
The Andres Lopez Law Firm to explore your legal options.
