Test Drive Nightmare in Rochester?

Who’s Really at Fault?

You thought it would be a quick test drive—a chance to get a feel for the car you might buy. Then everything went sideways. Now you're dealing with injuries, insurance confusion, and finger-pointing between drivers, dealerships, and insurers. It’s overwhelming. But here's the good news: personal injury attorneys can help you make sense of the chaos.

At Horn Wright, LLP, our personal injury attorneys fight for Rochester residents hurt during test drives. Whether you were behind the wheel or in the passenger seat, if someone else's negligence caused the crash, we’ll help you seek compensation and clarity.

The Test Drive Liability Trap: Are You on the Hook?

Liability in test drive accidents isn’t always obvious. Multiple parties could be involved—and they’ll each try to push the blame onto someone else.

When the Test Driver Is Responsible

If you're test-driving a car and caused a crash, you might be considered liable. But that doesn’t always mean you’re stuck paying. It depends on:

• Who owned the vehicle
• What caused the crash (e.g., distraction, road hazards, mechanical issues)
• Whether the dealership provided any guidance or oversight

New York is a comparative negligence state, which means fault can be shared under New York Civil Practice Law and Rules § 1411. If you were partially at fault, your compensation could be reduced—but you may still recover damages.

When the Dealership Is Liable

A dealership may be responsible if:

• The vehicle had a known defect or safety issue
• They allowed someone unqualified to test drive
• They failed to maintain the car properly

Under New York General Business Law § 396-p, dealers are required to ensure vehicles are in safe operating condition before allowing public use.

What If Another Driver Causes the Crash?

If a third party—someone not involved with the dealership or test drive—caused the accident, their liability insurance should cover your damages. But don't expect that insurer to play fair. You’ll still need to prove fault, gather documentation, and advocate for full compensation.

Injured Before You Even Buy the Car? What Are Your Rights?

You don’t have to own the car to have legal rights. If you were injured during a test drive, you may be able to recover compensation just like any other car accident victim.

Pain and Suffering Damages

Test drive injuries can lead to serious, lasting effects. You may be entitled to non-economic damages such as:

• Chronic pain
• Anxiety or PTSD related to driving
• Lifestyle limitations

Courts often consider these damages under New York Civil Practice Law and Rules § 4111, which allows juries to award pain and suffering in personal injury cases.

Reimbursement for Medical Expenses

If you needed ER treatment, follow-up visits, or physical therapy, those costs shouldn’t come out of your pocket. A successful claim can cover:

• Ambulance bills
• Hospital stays
• Rehabilitation
• Prescription medications

Even if your health insurance helped, you might still be entitled to reimbursement—or be required to repay your insurer after a settlement.

Insurance Confusion After a Test Drive Crash

The aftermath of a test drive crash is full of insurance questions. Whose policy applies? What if multiple drivers are involved? And how do you file a claim when the car isn’t even yours?

How Different Policies Interact

Several types of insurance may come into play:

• Dealership’s commercial policy – Covers their fleet, including test drive vehicles
• Your personal auto insurance – May kick in if you’re driving
• The at-fault driver’s policy – If another driver caused the crash

New York is a no-fault state, meaning your own insurance typically covers initial medical costs, even if you weren't at fault. That’s outlined in New York Insurance Law § 5103.

Filing a Claim with the Dealership’s Insurer

If the dealership’s vehicle contributed to the crash, you may be able to file a claim directly with their insurer. But be careful—they’re not on your side. Their goal is to minimize payouts, and they may deny liability even when it’s clear.

We help clients handle:

• Claim submissions
• Communications with insurers
• Negotiating settlements

Hit by a Reckless Driver While Test-Driving? Here’s What to Do

Accidents are chaotic. When you're in a car you don’t own and possibly driving unfamiliar roads, that stress multiplies. But your steps after the crash can make or break your case.

Steps to Take at the Accident Scene

If you’re safe to do so:

• Call 911 immediately
• Take photos of the vehicles, road, and injuries
• Get contact and insurance info from everyone involved
• Ask for the dealership rep’s name and business card

Tell the officer exactly what happened, and request a copy of the police report when it’s available.

What If the At-Fault Driver Flees?

If the driver who hit you flees the scene:

• Report the hit-and-run to the police immediately
• Check for nearby cameras or witnesses
• Notify the dealership and their insurer

New York offers protection through the Motor Vehicle Accident Indemnification Corporation (MVAIC), which may cover damages in hit-and-run cases where the driver isn’t found.

Can You Hold a Rochester Dealership Accountable for a Test Drive Disaster?

Yes—if their negligence created or contributed to the crash. Dealerships have a duty to provide safe vehicles and take reasonable steps to prevent accidents.

Lack of Proper Vehicle Maintenance

If the brakes failed, tires blew out, or the steering locked up mid-drive, the dealership may be liable for:

• Failing to inspect the car before the test drive
• Ignoring known issues
• Skipping scheduled maintenance

Under New York Vehicle and Traffic Law § 375, vehicles must meet safety equipment standards. A violation may strengthen your case.

Accidents Caused by Dealership Negligence

Other scenarios include:

• Allowing an unlicensed driver to test drive
• Poor supervision by sales staff
• Inadequate signage or unclear test drive routes

If dealership actions—or inaction—put you at risk, they can be held legally and financially responsible.

Your Rochester Legal Team for Test Drive Accidents

A test drive is supposed to help you make a decision—not land you in the hospital. If you were injured in a test drive accident in Rochester, Horn Wright, LLP, is here to help. Our personal injury attorneys know how to sort through insurance layers, investigate negligence, and fight for your full compensation.

Let us handle the legal battle while you focus on healing. If you're ready to hire one of the best law firms in America, we’re ready to get to work for you.