What happens if you wreck a car while test driving?
Car Accident - January 14, 2026 by Horwitz, Horwitz & Associates
Wrecking a car in a test drive accident is the last thing potential car buyers or sellers want to experience. Still, these unexpected accidents happen, and when they do, a Gurnee car accident attorney from Horwitz, Horwitz & Associates can help protect your rights and fight for compensation for losses you sustain. We can determine whose negligence caused the accident and which insurance company is responsible for paying damages.
Determining fault after you wreck a car while test-driving a vehicle
Though there are additional considerations when a car accident occurs while test driving a vehicle, determining who is at fault remains a critical early step. You could be hurt in the crash, and according to comparative negligence statutes in the Illinois Compiled Statutes, you can only seek compensation if you are not more than 50% to blame for the accident.
Collecting witness accounts and using crash scene photos are ways to determine the cause of the accident and potentially build an accident claim. Document as many details as possible. Do not rely on the dealership representative’s account.
The evidence you collect may also be useful in protecting you from unwarranted assignments of blame if the other driver accuses you of causing the crash.
Illinois insurance requirements
Typically, the insurance coverage of the at-fault party pays for accident consequences. Illinois has mandatory vehicle insurance:
- $25,000 for the injuries or death of one person
- $50,000 for injuries or deaths per accident
- $20,000 for property damage
All drivers must carry this minimum liability insurance to cover the damages for those hurt in an accident that the dealership or policyholder causes. Keep in mind this does not only apply to personal vehicles. Companies that own multiple vehicles must comply with the State’s insurance policies.
The role of insurance companies in a test drive accident
If the other driver is at fault, their insurance is responsible for covering the costs. This does not guarantee the insurance will cover all your losses. You may file a claim for your injuries, and the car dealership may file a claim for property damage. If a vehicle malfunction or defect causes the accident, the vehicle or the parts manufacturer may be liable for the damages.
Car dealerships must insure their vehicles, and many use fleet insurance policies. These policies provide coverage for a dealership or other company’s entire fleet, avoiding the need for individual policies. If you are assigned fault for the crash, it is likely the dealership’s insurance company will cover costs, but that company may then seek remuneration from your auto insurance policy.
One thing most insurance companies have in common is the goal of keeping their payouts to a minimum. There are auto insurance company delay tactics you need to watch out for and be prepared to challenge as you seek justice. You also need to protect yourself from unfair treatment by the involved insurance companies.
You may be entitled to damages after a car crash during a test drive
When someone else’s negligence causes you injury, you can seek damages through a personal injury claim. For a car accident during a test drive, your claim might be against another driver, the dealership, the car manufacturer, or another negligent party.
Get fast medical care to document, diagnose, and treat your injuries, and keep track of all your medical costs. You may be able to recoup those costs and income lost during your recovery period, helping cover the damages caused by the crash.
It’s important to know what your damages are worth. Too often, insurance companies look to minimize losses and undervalue your claim, offering you too-low settlements.
How liability waivers affect what happens after a test drive crash
In the attempt to protect itself from liability in the event of an accident, the dealership may have you sign a waiver before going on a test drive. Do not let that waiver prevent you from seeking justice if you are hurt in a crash during a test drive. While some liability waivers are enforceable, others are not.
Illinois has specific requirements for the content of liability waivers. Even those constructed well may not be enough to absolve a company of all responsibility. For example, dealerships must keep their test-drive vehicles safely maintained. Having you sign a liability waiver does not excuse them from carrying out this duty or from the injuries you sustain after they allowed you to drive an unsafe vehicle.
We’re here to help and ready to fight
If you have a car crash while involved in a test drive, the different parties involved will take steps to protect their interests and potentially deny you justice. Protect yourself and support your fight for compensation by partnering with an experienced car accident attorney from our law firm. Schedule a free consultation with Horwitz, Horwitz & Associates by contacting us online or calling (800) 985-1819 for a free review. We’re ready to fight for you.
