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Accident Involving Test Driven/Stolen Car

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perryt

Guest
What is the name of your state? Missouri

Hang with me....this is complicated. Last week my 17 year old son and 15 year old daughter were involved in an accident. The person that hit them was charged with a DWI, driving while revoked, C&I, and no seatbelt. His passenger was not charged with anything but did admit to being on meth. The driver has been out of prison for about a month and a half and the passenger has been out of jail for less than 2 weeks. Fortunately, neither of my kids were seriously hurt...bumps, bruises, and sore, but we did take them to the ER. Both the driver and passenger of the other car were ejected with the driver suffering a shattered hip which required replacements. The car they were driving was reportedly stolen from another state (Kansas). It was also found that both the driver and the passenger had warrants for their arrest in a neighboring county. During the Missouri investigation it was discovered that this is the drivers' 5th DWI. In contacting the police in the city where the car was reported as stolen, it was discovered by me that the car actually was taken for a test-drive and not returned. To complicate matters, the people at the car dealership admitted to not checking any drivers' license or even getting a name of the person taking the car. They simply gave the keys to the guy and he took the car. Remember his license was revoked and he has been given a summons for that. My question is what extent is the car dealership liable due to admitting to not checking any drivers' license or taking any information on the driver? I have talked informally to a couple of local attorneys and the terms "negligence" and "negligent supervision" have come up with dollar amounts being thrown around in the area of $1.5 million in a lawsuit. Is this all correct?
 
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K

Kansas Courts

Guest
To complicate matters, the people at the car dealership admitted to not checking any drivers' license or even getting a name of the person taking the car.
In what context did you ask them this question? The dealership may have not done these things simply because they had no idea the men were going to be driving off in the car.

I'm not entirely familiar with cases like this, so don't quote me. You have a good hunch here, but.....

This is obviously not standard practice of a dealership. Usually you want a driver's license of the test-driver or a salesman should ride along.

However, on the other hand, if the dealership did not get or do either or these, then they could claim the car was stolen from them as well (Which it was). Meaning that they didn't even talk to a salesman, they just came up on the lot, got in the car and took off.

This is not the car dealerships fault. The car dealership can't be held responsible for someone who robbed them, they can't be held responsible for driver's they sell or loan cars too.

I understand your point is that the thief didn't have a Driver's License at all, but I don't think the dealership knowingly let them take this car without a Driver's License, and I think the intent will play a big role in their defense.

I honestly do not see the dealership being so much responsible for this. The car was stolen from them. They may have made copies of Identification of these men, and perhaps the Identification given was not their own? This may be why the dealership does not have copies of their ACTUAL Identification (Once it was known who they actually are). See?

Remember, the dealership was a victim in this case as well.

If you're still concerned, seek legal counsel, but I think your chances are very slim here.
 
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stephenk

Senior Member
if what you found out was true, the dealership does have liability in this case.

if they let the guy take the car without checking on his license status and/or having a salesperson ride along, they can be found liable for negligence.

did the dealership report the car as stolen before the accident?

the dealership would also be liable if they allowed the keys to be in the car for anyone to walk up and drive off. almost all dealerships have key lockboxes attached to the car or the keys are kept in the showroom
 

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