accident during test drive

[tansahk]

What is the name of your state? CA

Hi,

I need some advice. I was seeling my car. The buyer and I agreed on the price and he gave me a check to hold the car for him. The day he came to give me the full amount and take the car, he wanted to go for one more test drive. During the test drive he drove the car into my garage and hit the side of the car to the side of the house. Now, how do I go about resolving this situation? Whose insurance company should pay for the damages? Can I still hold the buyer to our agreement to buy the car? Please advice.

Thanks in advance.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

Hi,

I need some advice. I was seeling my car. The buyer and I agreed on the price and he gave me a check to hold the car for him. The day he came to give me the full amount and take the car, he wanted to go for one more test drive. During the test drive he drove the car into my garage and hit the side of the car to the side of the house. Now, how do I go about resolving this situation? Whose insurance company should pay for the damages? Can I still hold the buyer to our agreement to buy the car? Please advice.

Thanks in advance.

My response:

Ultimately, you're the one who's going to take it on the chin. You see, up until the moment title changes, that car belonged to you, and the driver was your "permissive user."

So, you can do one of two things:

1. Sue the driver for the entire repair amount, or,

2. Have the car repaired under your insurance, and pay the deductible. If your insurance is unsuccessful in getting your deductible back from the driver, then you'll have to either - -

a. Sue the driver in Small Claims for your deductible; or,

b. Eat your deductible.


IAAL

 

[tansahk]

IAAL, thanks for your reply. It seems like I do not have any leagel recourse to hold the driver responsible for what happened. I am just wondering if my insurence premimum will go up for this. In addition, I do not have any way of recovering for losses as a result of this incicent. My car had a clean history without any accident. I may have to end up selling for less due to this (even after having the repairs done). Does this kind of incident get reported in vehicle history? Well, it just does not seem fair.