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  #1  
Old 11-13-2004, 08:57 AM
perryt
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Stolen/ Test Driven Car Accident


What is the name of your state? MO

I wrote about a month ago regarding an accident my children were involved in which involved a stolen car from a dealership, revoked license, and DWI. Since that time I have found additional details regarding the dealership. The man went to the dealership and ASKED the salesman to test-drive the car. The dealership is in Kansas City, Kansas. The salesman admitted to me (on the telephone) and to the police (part of their official police report) to not asking to see any form of ID or even asking the man his name. As the dealer told me he "simply put him in the car". The car was gone from the dealership for over 2 hours before they realized that the car was stolen (again information from the police report). I have since found out that the alleged thief has had 4 driving while revoked and was revoked at the time the car was taken. The dealership made no effort to contact me regarding the accident and it took two attempts from to before I finally was able to talk to the owner. He did not give me any insurance information and said he would call back...which he never did. My insurance company contacted him 2 the dealership 2 times and the owner did not have his insurance information and promised to call back, which he never did. The dealer is trying to avoid me and this situation. I have since talked to a couple of different attorneys and they have told me it is either negligent entrustment or negligence per se on the part of the dealership because the admitted to not seeking any information from the man "test-driving" the car. The man that took the car admitted under Miranda (2 times) that the dealer did not ask for any information. In the accident, the driver has been charged with felony DWI (alcohol, meth, and marijuana in his system....his 5th such charge), driving while revoked (his 4th such charge), C&I, and no seatbelt. What is the responsibility of the dealership in terms of the accident and what sort of monetary award could be sought?
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Old 11-13-2004, 01:13 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
dealership bears some responsibility. no way anyone can answer the question about monetary awards. consult with an attorney in your area who is more familiar with settlement and/or trial verdict amounts for similar injuries.
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