pinkcivicchick

iTrader: (-1)

A friend from work went to test drive a Mazda and told the dealership that she did not have insurance, the dealership gave her the keys and gave her the dealerships's insurance. So off she went. She got into a accident, and Mazda wants her to pay for the damages. She told them that she did not have any insurance and that she did not have to pay for the damanges because she did not sign any lease forms.

She just got served with papers, and called around North Bay to lawyers to see if they would represent her. None of the lawyers would take on the case because they would not take on a case like that, and I think it's because the dealership is runned by a well known family.

She got one advice from a lawyer in town and he said to wait it out and see if she would get summond to court because the dealership might just be trying to scare her.

We discussed this, and we both thing that she will win because she didn't even sign an agreement, and Mazda gave her their insurance so she's not liable, or is there a hidden rule or written work that she is responsible?

imported_wajih1

i am pretty sure in ontario, the owner of the vehicle is responsible for insurance. i highly doubt that the case would hold up in court. try consulting a lawyer from another town or something.

imported_xplizitremix

^ what he said
they are probalby trying to scare her shes not liable for it, as long as she had a valid driver's liscence

imported_TuttiGirl

Did a salesperson go with her on the test drive? If not, she can win right there, a sales person is supposed to go on all test drives with customers... It's part of their insurance at the dealership, it's linked through the dealer plate. If there was no sales person right there Mazda has breeched their own insurance.

k_r_a_c_k_e_r

iTrader: (3)

pinkcivicchick

iTrader: (-1)

They told her to take the car for the day and return it the next day. There was so salesperson that went with her obviously if she took it I'm sure. So she'll win?

imported_starboy869

Is your friend pretty hot like <----? I never been to a dealership where the sales guy never came with me on a test drive or let alone take the vehicle overnight.

I bet they want your friend to pay since they screwed up and can't go through there insurance company. IMO the sales guy should be held for the damages since he broke the rules.

pinkcivicchick

iTrader: (-1)

Well, she's a young female, so i think they are trying to scare her and take advantage of this situation

szuberi

1. what does the dealer insurance cover essentially?
2. was the accident her fault?
3. will the fact that she didnt had any personal insurance on her put her into more trouble?

DumbasSi

I'm sure Marker will have an answer.

imported_kIeRaN

they let her take the car??? weird? she shouldnt be worried, its the dealerships fault.. when i was lot kid at newmarket honda we always had to have a salesperson with the customer. On really busy occasions they would send me out with the customer.

imported_t_dot_SiR

my first question was, how da heck your friend got the salesperson to give her a car to test drive overnight?


i guess the salesperson figured out he made a mistake on that trust he made on your friend. he didn't get invited to her house overnight and now the car was in an accident, so he figure he'll try to scare your friend to pay for the damage so he doesn't risk losing his job plus paying for all the damage.

i say your friend is safe... she can just ignore him... i think its the salesperson who is worried now, it shouldn't be your friend...

your friend must be damn hot.... if its a male judge, she'll have her way no matter what hahahaha... i've never heard/seen anyone who can test drive a car without a salesperson next to him/her and also have a car overnight. this only happens either if you're damn rich and they know you can pay for the car even if you scratch it up or if there was an under-the-table agreement hahahhaa.....

just relax

imported_xplizitremix

ya overnight test drives sound whack
I could take a car out from honda waterloo with no sales person and it was fine

marker

The dealer insurance may have been for liability only, in which case any legal requirement for insurance is satisfied.

It's possible that the dealership did not have collision on the car. Even if they did though, there is no requirement for them to actually use it in case of collision, especailly if the collision is a minor one. If they use it, they risk their rates rising, so they may choose to not file a claim.

Someone else here mentioned a "release" and that she didn't sign one. That can actually work against her because she has nothing to prove that the dealership would assume the cost of repair if she did get in an accident.

Going back to common law, she was in possession of the car, she had the accident, and it's up to her to restore the dealership to the position they were in before she took the car. The dealership does not have to assume the costs of repairing accident damage that occurred while the car was in her possession.

In any case, she needs to start talking with the dealership. She needs to find out of they have collision on the car, and if so, she needs to at least pay for the collision deductable and any additional costs incurred by the dealership in getting the car repaired.

But if there is no collision coverage on the car, the dealership has a very strong legal case in going after her for the entire cost of repair. Even f they do have collision coverage on the car, they still have a reasonable case against her.

imported_kumanan

there has to be atleast one lawyer that will take it on... i recommend keep calling... if they summon you just go and ask for ajurnment because you want to seek professional advice.

spike

If your friend has no auto insurance of her own, she is not a loud to drive any motor vehicle at all. But I would say that it is the dealer ship fault for letting her drive it, and they should pay for it.

marker

Not so. The insurance goes with
the car, not with the driver.

As long as the dealership or any car owner at all has liability insurance on a given car, they can let other people drive the car.

No, it's her fault for having the accident.

If you lent your car to someone else and they had an accident with it, who do you think should pay for the damge to the car? You as the owner? Or the person who was driving the car and did the damage to it?

imported_starboy869

What about new drivers who don't have a vehicle and they don't have insurance? What about not having a vehicle then going to the dealership to go check a few vehicles out.

I always thought dealerships would have full coverage on there vehicles to help protect themselves from vandals, or an accident from a test drive (just in case the people are welfare bums kicking tires)

pinkcivicchick

iTrader: (-1)

Humm.. well I'm not to sure about what their insurance is.

Mark your making me nervous for my friend now. I'll keep everyone up to date on what's going on

imported_Zyepher

He's probably the ONLY guy you can truly trust on the forums for correct legal info as he is a man of the radar.