My car in accident, Dealership Mgr driving & me a passenger. Who should pay for the damage.. my insurance ?

My new car (2 months old) was taken to dealership to investigate a problem covered under manufacturer warranty. Since the dealership svc dept could not reproduce the problem, I went for a test drive with the manager at the dealership. He was driving and during the test drive someone hit us from behind.
We had minor damage..... but the other car had some damage. Seems like my driver (Dealership Manager) should be OK and it looks like fault of the car that rear ended. NOW my question is.... who is responsible for damage (I know that this would go on other party's insurance), is it my insurance or the dealership since my car was driven by the dealership manager and I was a passenger.

Southern Star

Simple rule here that's valid all over the world and that everyone holding a driver's licence should already know:

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If you drive into someone's rear you are ALWAYS the faulty party and AS SUCH, responsible for whatever damage .

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You can now judge for yourself by adapting your newly aquired knowledge into your present and future situations.

gobonzzo

The insurance company of the person who hit you from behind is responsible.

If you filed a claim with your insurance company they would go to the other driver's insurance company for the money in the end anyway, and still use it as an excuse to raise your rates.

mobilemark

the guy who rear end its his fault let his insurange agency pay

aafromaa

I had something similar happen to me a few years back. It wasn't a dealer but a local mechanic. I took my truck down to drop it off and have them replace the fan belts and the mechanic gave me a ride to an appointment I had with my Pastor a few blocks away. When he came back and picked me up when the work was done and we headed back to the garage. As he pulled out of my Pastor's drive way, he hit another vehicle - which, by the way, was driven by another Pastor in town! Anyway, it was deemed a no fault accident (because a 3rd vehicle that wasn't in the accident but was actually the cause of the accident.) Anyway, my truck was totaled and this small town mechanic didn't have the insurance that he should have had so my insurance company did step up and pay for the vehicle and the mechanic paid my deductible but my insurance company did say that legally the mechanic who was driving was liable, it's just that my truck was pretty old anyway and they thought it cheaper to pay me for the truck than to take the guy to court.

I don't think you'll have to worry about anything on your insurance if the driver who hit you from behind has insurance because in most states, it doesn't matter why he hit you - if it was from behind then it's considered his fault and his insurance will pay. But if you don't live in one of those states or if he didn't have insurance, then the dealership would be responsible because he manager was driving the vehicle in the course of his duties as the manager. If it comes down to that, your insurance will take care of getting them to pay. That's part of what they do - they will pay if no one else does, but if someone else is liable who also has the means to pay, they'll make sure they do. If you haven't already, then be sure to contact your insurance company as soon as possible and give them all the information. That's really all you should have to do - no deductible and no fighting for it in court - let your insurance company fight this battle for you whether it ends up with the driver who rearended you or the dealership.

Kim B

The other driver's insurance is liable.

Michael H

Take it to court and be a millionare.

michael t

The other driver who rear ended you is responsible but next is the dealership their personnel was at the wheel it's the same as if a tech. was test driving before or after repair.

teal69er

My advice is talk to your insurance company. The dealership should pay for it out of kindness but not necessarily as he was driving your car & if you let anyone drive your vehicle you should make sure they are covered under your insurance.

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