Whether at a dealership or a private sale: a test drive is often the decisive last step before buying a car - and at the same time harbours an increased risk of accidents. The unfamiliar car, untrained handling and the new driving situation can quickly lead to a mishap.
If an accident occurs, the vehicle owner's car insurance is usually liable - unless the damage was caused by gross negligence or there is no contractual cover. In this case, the test driver himself may be held liable.
In this article, you will find out what differences there are between dealers and private sales, what you need to look out for in terms of insurance and how you can best protect yourself as a seller or buyer.
- We recommend that you conclude a written agreement in advance when selling from private to private. This will benefit both parties in the event of a claim.
- Whether at a dealer or a private seller: If the prospective buyer causes an accident during the test drive through gross negligence or intent, the dealer's or private seller's insurance company may refuse to pay. The test driver must then pay for the costs incurred.
Who is liable in the event of an accident during a test drive?
A test drive can be enormously helpful to find out whether the vehicle meets the desired expectations. In order to be able to test the car thoroughly in a short space of time, the driver's attention is quickly focussed primarily on the vehicle and its functions. The road traffic, which is actually much more important, only gets a brief side glance. This setup is typical for test drives and leads to the accident being built more quickly than usual. In order to find out who is liable to pay, two cases must be distinguished:
To find out who is liable to pay, a distinction must be made between two cases:
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- Test drive at the car dealer
- Test drive for a sale from private to private
The two starting positions differ considerably in terms of liability. We explain the differences.
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What you need to bear in mind with commercial dealers
Damage to the test vehicle is effectively part of the dealer's professional risk. Such damage is usually covered by the dealer's fully comprehensive insurance. But be careful! This only applies to slight negligence. If the test driver is grossly negligent or even intentionally damages the vehicle, he will be asked to pay in full. This is particularly the case with drunk driving or gross traffic offences.
Damage to the test vehicle is usually covered by the dealer's fully comprehensive insurance. But be careful! This only applies to slight negligence. If the test driver is grossly negligent, for example under the influence of alcohol, he must bear the costs himself.
How do you know if the dealer has fully comprehensive insurance?
The best thing to do is simply ask. If the dealer has not said anything specific about the type of insurance for the test vehicle, a valuable safety feature comes into play for you: the so-called tacit exemption from liability. If the dealer does not explicitly tell you otherwise, you can assume that the car is fully insured. However, caution is also required here. For the insurance to pay out, the possible damage caused by the accident must be related to the risks that are typical for such test drives. For example, collisions due to a misjudgement of the typical width or length of the test vehicle.
If the test driver of the luxury convertible decides to use it to transport a tranche of paving stones from the DIY store to his own allotment garden, this cannot be considered a typical risk. In such cases, the hobby gardener will rightly have to pay for the damage to the vehicle himself.
NoteIf the dealer has not taken out fully comprehensive insurance, he must make you aware of this before the test drive, as you will then be liable for the repair costs in the event of an accident. It is also conceivable that you will receive an agreement that specifies an excess amount in the event of an accident. These are usually between €1,000 and €3,000. You will often find such regulations in the test drive agreement that you are given to sign before the test drive. Look out for low excesses!
Accident during test drive - sale from private to private
If a private seller and a private prospective buyer have not reached an agreement on possible claims settlement before the test drive, the seller's comprehensive insurance must pay for any damage to the vehicle. The decisive factor here is which motor insurance cover the seller has chosen:
In the case of fully or partially comprehensive insurance, the respective conditions must be observed. In some cases, liability for a test drive accident is generally excluded. An excess may also be required or the accident may lead to a loss of the no-claims class. Liability insurance, on the other hand, does not cover the costs arising from an accident during a test drive. This means that the test driver must bear the entire costs even in the event of only slight negligence.
Our tip: Test drive agreement for private-to-private sales
It is advisable for both parties to conclude a written agreement on the event of an accident during the test drive before the start of the journey. As a private seller, you should also find out what conditions your existing car insurance offers in such a case. This will allow you to clarify liability in advance in the event of damage.
Even if the sense of such an agreement is obvious, it is too often neglected in practice. Be consistent! As the seller, always ask to see the test driver's driving licence before starting the test drive. Also state in the agreement how the vehicle is insured and what excess is payable by the test driver in the event of an accident.
NoteIf an accident occurs during the test drive, there is usually a dispute afterwards about the impending upgrade in the car insurance. Who should now compensate for this? You should therefore stipulate how you want to deal with this in the test drive agreement.
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Frequently asked questions
Who is liable in the event of an accident during a test drive at the car dealer?
As a rule, the dealer's comprehensive insurance will cover the damage - provided the accident was not caused by gross negligence or intent. In the event of drink-driving or reckless driving, the insurance company may refuse to pay and the test driver is liable.
What happens if an accident occurs during a private test drive?
If an accident occurs during a private sale, liability depends on the seller's insurance and any test drive agreement. Without clear agreements, the test driver may even be liable for the damage in the event of slight negligence.
Does the seller's liability insurance pay for damage during the test drive?
No. Motor third party liability insurance only covers damage to the vehicle of third parties. Damage to your own car caused by the test driver is only covered by partially or fully comprehensive insurance - and only under certain conditions.
What should be included in a test drive agreement?
A good agreement regulates how the vehicle is insured, who is liable in the event of an accident, what excess is due and how a possible upgrading of the insurance is dealt with. It is also important to check your driving licence before you start driving.
Can the dealer demand that the test driver pay for the damage?
Only if the damage was caused by gross negligence or intent or if an excess was specified in the test drive agreement. Otherwise, the dealer's insurance will apply in the event of slight negligence.
