Injured in a Test Drive in Buffalo? 

The Truth About Who Pays

Taking a car for a test drive should be simple. But when things go wrong, you may need a personal injury attorney to help you navigate the aftermath. You hop in, see how it feels, and decide if it’s the right fit. But then, an accident happens, and suddenly, you’re stuck in a mess of insurance claims and finger-pointing. 

Horn Wright, LLP, knows how overwhelming this can be. As personal injury attorneys, we’ve helped Buffalo drivers just like you sort out the legal confusion, deal with stubborn insurance companies, and fight for the compensation they deserve. If you’re facing a tough legal battle, you need the right team on your side, hire one of the best law firms in America. 

Test Drive Crash: Who Gets Blamed in Buffalo?

Test-drive accidents can be complicated. You’ve got the dealership, your insurance, and maybe even another driver all involved. So, who takes the blame? It depends on what caused the crash and what kind of insurance coverage is in place.

Does the dealership’s insurance cover test drives?

Most Buffalo dealerships carry insurance for test-drive accidents, but that doesn’t always mean they’ll cover everything. Some policies only apply if the dealership’s own employee caused the crash. If you were driving, they might try to push the responsibility onto you. A few things determine whether the dealership’s insurance helps you out:

• Did you sign a waiver before driving? Some dealerships sneak these in, shifting liability to you before you even start the car.
• Was the accident caused by a mechanical failure? If the brakes failed or a tire blew out, the dealership’s insurance should step up.
• Does the dealership have a high deductible? Some policies won’t cover damages unless they exceed a certain amount, leaving you stuck paying out of pocket.

What if you have personal auto insurance?

Your own auto insurance might cover a test-drive accident, but don’t assume it will. Some policies extend coverage to borrowed or test-driven cars, but others don’t. If your policy does cover the crash, you’ll still have to deal with:

• Deductibles – You could be paying hundreds (or thousands) before your insurance kicks in.
• Rate hikes – Even if it’s not your fault, your premium could go up.
• Coverage limits – If the damage exceeds your policy limits, you might be on the hook for the rest.

Car Dealership Negligence: Can You Sue for a Dangerous Test Drive?

Not every test-drive accident is the driver’s fault. If negligence played a role, a Buffalo personal injury attorney can help you hold the responsible party accountable. Sometimes, the dealership puts you in danger without you even realizing it.

Poorly maintained test-drive vehicles

Dealerships are supposed to keep their test-drive cars in top shape. But not all of them do. If a mechanical failure caused your accident, the dealership could be to blame. Look out for signs of negligence like:

• Worn-out tires – Bald tires make stopping harder and increase the risk of hydroplaning, especially on Buffalo’s icy roads.
• Brake problems – Faulty brakes contribute to thousands of accidents every year. If they failed on your test drive, that’s on the dealership.
• Ignored recalls – Some dealerships let test-drive cars hit the road even when there’s an open recall on them. That puts you at risk.

Dangerous road conditions near the dealership

Where the dealership sends you on a test drive matter, if they’re in a high-traffic area, near a poorly marked intersection, or right next to a construction zone, they should warn you about potential hazards. If they don’t, they could be responsible for accidents that happen as a result.

Hit by Another Driver While Test-Driving? What Now?

Sometimes, it’s not you or the dealership, it’s another driver who causes the crash. What happens if another car hits you while you’re test-driving?

Handling a hit-and-run during a test drive

A hit-and-run is one of the worst-case scenarios. You’re stuck dealing with the damage, and the at-fault driver is long gone. Here’s what you need to do:

• Call 911 right away – Leaving the scene of an accident is a crime, and reporting it immediately improves your chances of finding the driver.
• Get witness statements – If anyone saw the crash, their testimony could help track down the other driver.
• Take pictures – Snap shots of everything: vehicle damage, debris, skid marks, and any surveillance cameras nearby.
• Tell the dealership and your insurance company – The sooner they know, the sooner they can start processing claims.

If the other driver isn’t found, you’ll need to rely on uninsured motorist coverage (if you have it) or the dealership’s insurance (if they’ll take responsibility).

What to do if the other driver is uninsured

Uninsured drivers are a huge headache. If the person who hit you doesn’t have insurance, you might have to rely on:

• Your uninsured motorist coverage – In New York, this is required, but how much you get depends on your policy limits.
• The dealership’s insurance – Some dealerships will cover damages if the crash wasn’t your fault. However, they may not always admit it without a fight.
• Suing the at-fault driver – If they have assets, you might be able to recover damages. But if they don’t, getting compensation could be tough.

Buffalo has a high number of uninsured drivers, so knowing your options ahead of time is smart.

Insurance Battles After a Test Drive Injury

Test-drive accidents aren’t just about the car, you’ve got to think about medical bills, lost wages, and how you’re going to recover financially.

Medical costs and lost wages

If you get hurt in a test-drive crash, here’s what you might be facing:

• Hospital bills – Even a short ER visit in Buffalo can cost over $1,200, and that’s before any follow-up care.
• Missed paychecks – If your injuries keep you out of work, lost wages can pile up fast.
• Rehab and therapy – Physical therapy can take months, and many insurance plans don’t cover the full cost.

New York’s no-fault insurance system should cover some of these expenses, but serious injuries might let you go beyond the no-fault limits and seek additional compensation.

Legal options for injured test drivers

If insurance won’t cover your damages—or the dealership’s negligence played a role—you might need to take legal action. You could have a case if:

• The dealership put you in an unsafe vehicle – If bad brakes, worn tires, or a known defect caused the crash, they should be held accountable.
• Another driver was reckless – If a distracted, drunk, or aggressive driver hit you, you may be able to sue for damages.
• Insurance companies refuse to pay up – Insurers love to lowball offers or deny claims altogether. You don’t have to accept that.

Don’t Let a Test-Drive Disaster Ruin Your Life. Fight Back!

A test-drive accident can turn your world upside down in an instant. You’re left with injuries and financial worries while dealing with insurance companies that would rather deny your claim than help you recover.

At Horn Wright, LLP, we know how to deal with these situations. As your personal injury attorney, we’ll fight to make sure you’re not left paying for someone else’s mistake. Whether it’s fighting the dealership, an at-fault driver, or a stubborn insurance company, we fight for you. You deserve justice, and we will fight relentlessly until you get it. 

Contact us today and let’s get started on winning your case.