Can You File a Claim If You Were Injured During a Test Drive?
Taking a car for a test drive is a standard part of buying a vehicle in Tempe. But what happens if something goes wrong while you're behind the wheel—or in the passenger seat? Whether the accident was caused by another driver, a mechanical failure, or even your own mistake, test drive crashes raise complex legal and insurance questions.
At Tempe Car Accident Attorney, we frequently hear from injured test drivers, dealership employees, and customers who didn’t expect their search for a new vehicle to end in the ER. Fortunately, yes—you may be able to file a claim if you were injured during a test drive, but the outcome depends on the details.
Here’s what Tempe drivers need to know about protecting their rights in these situations.
Who’s Liable for a Test Drive Crash in Tempe?
The first thing to determine is who caused the crash. Once that’s clear, liability typically follows one of these paths:
1. Another Driver Caused the Crash
If someone else hit you while you were test driving a vehicle—whether on University Drive or near Downtown Tempe—that driver is liable, just as in any standard crash. Their insurance should cover your injuries and the dealership’s property damage.
2. You Caused the Crash During the Test Drive
If you made a mistake during the test drive—say, running a red light or misjudging a merge near North Tempe—you could be liable. However, the dealership's fleet insurance often covers physical damage to their vehicle.
Still, injuries to others or yourself may not be covered, and your personal auto policy might be on the hook, especially if you were at fault.
3. A Mechanical Failure or Defect Caused the Crash
If the car malfunctioned—say, the brakes failed or the accelerator stuck—you may have a claim against the dealership or the car manufacturer, especially if they were aware of a defect and let you test drive the car anyway.
This could lead to a product liability claim, similar to those seen in rollover accidents or spinal cord injury cases caused by defective components.
What If You Were a Passenger During the Test Drive?
Many customers ride as passengers while a dealership rep or another buyer takes the wheel. If you were injured while riding along—especially in a crash involving speeding, reckless turns, or a blown red light—you can still file a claim.
Liability depends on who was driving and what caused the crash:
If the salesperson drove recklessly, the dealership may be responsible.
If another driver caused the wreck, their insurance applies.
If the car failed due to a defect, the manufacturer may be to blame.
This is especially common in cases where high-performance or electric vehicles are being tested at unsafe speeds in city traffic or near South Tempe.
Will the Dealership’s Insurance Cover You?
Most Tempe dealerships carry garage liability insurance or a fleet policy that covers test drive incidents. These policies are usually designed to:
Cover property damage to the test vehicle
Protect the dealership from lawsuits
Sometimes cover injuries to drivers or passengers
But these policies often have exclusions. For example:
They may not cover personal injury to test drivers unless the driver was a dealership employee.
They may deny coverage if the driver was reckless, intoxicated, or unauthorized.
Coverage may depend on whether you signed a test drive waiver—and what it says.
It’s important to request a copy of any test drive agreement or waiver you signed at the time. These documents may affect your ability to sue or file a claim.
Can You Use Your Own Auto Insurance?
In many cases, yes—your personal auto policy may provide coverage for test drive incidents, particularly if:
You were at fault
You need MedPay to cover ER bills
The dealership denies injury coverage
You need to use your uninsured/underinsured motorist coverage if the at-fault party lacks insurance
Just like in a hit-and-run accident, if the other driver fled or had no valid policy, your UM/UIM coverage can help fill the gap.
What Types of Injuries Happen During Test Drives?
Test drives may only last 10 to 15 minutes, but they often involve unfamiliar vehicles, new controls, and salespeople encouraging acceleration. This makes them ripe for:
Rear-end collisions in stop-and-go traffic
Intersection crashes on streets like Apache Blvd
Loss-of-control incidents on highways
Passenger ejections or T-bone collisions
We’ve helped test drive injury victims recover compensation for:
Broken bones
Whiplash
Burns from airbag deployment
What Damages Can You Claim?
Whether you were driving, riding along, or hit by a test vehicle, your injury claim may cover:
ER visits and hospitalization
Follow-up care, therapy, and medication
Lost income or diminished earning capacity
Pain and suffering
Emotional distress
Long-term disability
Vehicle or property damage
Test drive injuries often result in awkward liability debates. Don’t assume you’re out of luck just because you weren’t in your own car.
What About Waivers and Legal Forms?
Some Tempe dealerships ask drivers to sign waivers before getting behind the wheel. But waivers don’t always hold up in court, especially if the dealership was negligent.
For example, if a sales rep knew the car’s tires were bald—or the brakes were unreliable—and failed to mention it, a signed waiver may not shield them from responsibility. Similarly, dealerships that allow underage, unlicensed, or obviously impaired drivers to test drive vehicles may lose their legal protections.
What Should You Do After a Test Drive Crash?
If you’re involved in a crash during a test drive, treat it like any other accident:
Call the police and file an accident report.
Get medical attention, even if you feel okay.
Take photos of the scene, vehicle, and injuries.
Ask for dealership documentation, including the insurance provider.
Contact a Tempe car accident lawyer before speaking to insurance adjusters.
Test drive crashes aren’t routine fender benders. Dealerships and insurers may try to shift blame or minimize your injuries.
Final Thoughts: You Still Have Rights as a Test Driver or Passenger
Just because you were test driving a car doesn’t mean you gave up your right to seek compensation. Whether the crash was caused by another driver, faulty equipment, or a dealership’s negligence, you may be entitled to damages—but only if you act quickly.
If you’re not sure who’s responsible or how to navigate the maze of dealership policies and insurance denials, visit our legal resources or contact our team for a free consultation.
