What to Do if You Crash While Test Driving a Car in New Jersey

Test driving a car is an essential step in purchasing a vehicle. It lets you experience how the car handles and whether it meets your needs. But what happens if you get into an accident during the test drive? Who is responsible for damages? What are your legal obligations under New Jersey law?

Understanding your rights and responsibilities in this situation is crucial. Below, we break down what to do if you’re involved in a test drive crash, who might be liable, and how New Jersey laws affect your case.

What Should I Do If I Crash While Test Driving a Car?

If you’re involved in a car accident while test-driving a vehicle, it’s important to follow the same steps you would after any crash. Ensuring your safety and complying with legal requirements should be your priority.

Here’s what to do immediately after the accident:

1. Check for injuries – Assess yourself and any passengers for injuries. If anyone is hurt, call 9-1-1 right away. In New Jersey, failing to report an accident involving injuries can lead to penalties, so it’s critical to seek medical help immediately.
2. Move to safety – If possible, move the vehicle to a safe location to avoid obstructing traffic. However, do not leave the scene, as doing so could result in hit-and-run charges (N.J.S.A. 39:4-129).
3. Call the police – In New Jersey, accidents resulting from injury, death, or property damage exceeding $500 must be reported to law enforcement. (N.J.S.A. 39:4-130) The responding officer will file a police report, which will serve as an essential piece of evidence if legal action is required.
4. Exchange information – Collect contact and insurance details from all drivers involved, including the dealership representative, if they were in the vehicle. If a dealership employee was present, they may also need to submit a statement.
5. Document the scene – Take photos of vehicle damage, road conditions, traffic signs, and any visible injuries. These images can help prove liability in the event of a dispute.
6. Notify the dealership – The dealership must be informed immediately, as they likely have insurance policies in place for such situations. Ask them for details about their coverage and any paperwork you may need to complete.
7. Seek medical attention – Even if you feel fine, some injuries, like concussions or internal bleeding, may not be immediately noticeable. Seeking prompt medical evaluation can ensure you receive the necessary care and establish documentation for a potential claim.
8. Consult an attorney – Before speaking with insurance companies, talk to a New Jersey personal injury lawyer to understand your legal rights. Insurance companies often try to reduce their liability by shifting blame, so having legal representation can protect your interests.

Determining Liability in a Test Drive Accident

In New Jersey, liability in a car accident is determined based on negligence. The responsible party will depend on the circumstances of the crash.

Potentially liable parties include:

• You (the test driver) – If you were speeding, distracted, or violated traffic laws, you could be liable. Even though test driving is unfamiliar territory, drivers must exercise reasonable care.
• Another driver – If another motorist caused the accident (e.g., ran a red light), their insurance should cover damages. In such cases, you might need to provide witness statements or video evidence to establish fault.
• The dealership – If the car had mechanical issues that led to the crash, the dealership might be responsible. For example, if the brakes failed due to poor maintenance, liability could fall on the dealership for negligence.
• The vehicle manufacturer – A product liability claim might apply if a defective part caused the accident. This is particularly relevant for issues like faulty airbags or sudden acceleration problems.

New Jersey follows comparative negligence law (N.J.S.A. 2A:15-5.1), meaning that if you are partially at fault, your compensation could be reduced by your percentage of liability. For example, if you were found to be 20% responsible for the crash, your damages would be reduced accordingly.

Potential Legal Consequences and Claims

New Jersey’s no-fault insurance system requires drivers to file injury claims through their Personal Injury Protection (PIP) coverage, regardless of fault. However, depending on your insurance policy, you may still be able to file a lawsuit for additional damages.

Who Pays for Damages?

• Dealership’s Insurance: Most dealerships carry fleet insurance to cover test drive accidents. However, this typically applies only to property damage and not necessarily to injuries.
• Your Auto Insurance: Your insurance may apply if you own a vehicle. Policies vary, so it’s essential to check your coverage before test driving.
• Other Driver’s Insurance: If another driver is at fault, their liability coverage should pay for damages. In some cases, disputes over liability can delay the claims process.

What If the Dealership Requires a Waiver? Some dealerships ask test drivers to sign waivers before a test drive. These documents may limit the dealership’s liability, but they do not prevent you from seeking compensation if the dealership was negligent. It’s important to read any waiver carefully and ask for clarification if something is unclear.

If you need to file a lawsuit, New Jersey law allows two years from the accident date to pursue a personal injury claim (N.J.S.A. 2A:14-2). If you fail to file within this timeframe, you may lose your right to seek compensation.

Consult with Car Accident Lawyers for Free!!

Navigating the legal aftermath of a test drive accident can be overwhelming. You may be facing medical expenses, lost wages, and insurance disputes. At Rosengard Law Group, our experienced New Jersey personal injury attorneys are here to help.

Why Choose Us?

• We specialize in car accident cases, including test drive crashes.
• We work on a contingency basis – you don’t pay unless we win.
• We offer free consultations to discuss your case and explain your legal options.
• We have a track record of securing maximum compensation for accident victims.

You don’t have to navigate this process alone if you’ve been injured in a test drive accident. Legal representation can ensure your rights are protected and you receive the compensation you deserve.

Call us today at (856) 284-6446 for a FREE consultation!