Only got to drive it 4.6 miles

[Snax]

Sadly, this is why people hand their paychecks to lawyers. While the answer should be clear, it sounds like there's some gray areas to navigate.

I'd start by contacting your insurance company to see what they think is best. They likely have many lawyers on retainer who would be willing to provide guidance--without charging you.

Sponsored

 

[Lone Star Proud]

It's who owns the vehicle that's important.......not whose driving. The owners insurance covers damages. This sounds like the dealers problem.

 

[XLTLUXCG]

After waiting 11 months and 1 day, my Maverick Hybrid XLT was ready for me. It was beautiful, had 3.4 miles on it. The salesman suggested I take it for a drive while he finished getting the paperwork together. My wife and I went down the nearby freeway to the next exit and turned around to come back to the dealership. I stopped at a yield sign on the service road (less than 1/2 mile from dealership) and was rear ended by a kid in a jeep. Bumper, tailgate and bed wrinkled. Fortunately the kid has insurance. So the Maverick I ordered is in the body shop with 8 miles on it.

But here is where I need advice from this forum... I haven't signed anything yet to take possession. So I thought the dealer would pursue the insurance claim, but they think I should do this since it is my order. Can I even collect insurance for repairs on a car that was not titled to me? Should I be paying full MSRP on a car that has been in an accident and the trade-in value is diminished? Or should I wait until after it is repaired and test drive it again before taking it?

Oh dang, I am so sorry!! I don't know if you want to take a hit to claim it; especially if you will change your mind on purchasing it. Lord have mercy...this sucks!

 

[MAVERICK8011]

first the kid in the jeep rear ended you. So he is at fault//.. Claim should go against his insurance. You did not own the Maverick. It's the Dealers. Call your insurance and get their advise.. order another Maverick. Unless you don't mine the one that was rear ended. Talk to your insurnance.co.

 

[Pastor_Zatx]

You file the claim with the kid’s insurance, not your own or the dealer's. If you file the claim with your insurance it will be tied up in suborgation for at least six months, but most likely a year. If you file it against the kid’s insurance, they pay all the bills directly and it’s not tied up with who reimburses who and you aren’t left waiting a year to get YOUR deductible back.

 

[volksnuts]

Not sure how it would work but something along the line of see if the dealer would sell it at a discount, drive it until you can order another in August
Trade it in on the 23 when it arrives (with some kind of trade in value agreement?)

That way you could at least enjoy the Maverick

I’d be afraid with the bed floor being bent they may total it
Got to consider parts availability and amount of labor to repair

 

[NewBernWolf]

The person who rear-ended the truck is supposed to pay for the repairs. Since the truck belongs to Ford (or the dealership, maybe), that's who should handle the whole process. It's up to you to decide whether you want to buy it after it's repaired - or not.

 

[RRaynor2]

Man that absolutely sucks. Waiting all that time just for some kid to smack into you.

Quick google search on accident during test drive and found this:

"Sure, if you're testing a car from a dealership and an accident occurs, there's a chance that your personal car insurance may be considered responsible, but that's not as common as you might think. Each state has different laws that determine responsibility, says Jeff Willoughby, director of large accounts at Sentry Insurance, a U.S. mutual insurance company."

"The customer's insurance can come into play, depending on state statutes and whether or not driver's coverage is considered primary or the dealership's coverage is considered primary, and that's different across the country," says Willoughby.

Sounds like it depends on your state.

 

[Mabcim]

Not sure if a New York State thing, but getting rear ended is 100% the fault of the person that did the rear ending.

The owner of the vehicle should be responsible for dealing with getting the insurance claim figured out. So if you didn’t sign anything, it seems the dealer has to do that. Their insurance would of course go after the parties involved, you and the other driver. Dealer’s insurance will determine how to split the percentage each party is at fault, then they go to each insurance. Since they should give 100% to the other person, your insurance should never be contacted. If you have a good insurance agent, then should be able to tell you that without filing any claim. If you call the main company number, they will want to start a claim. I would not start a claim until you have to.

Whether you buy the vehicle or not, that is a decision only you can make.

 

[Grozk72]

This is a bit of a tricky situation...(at least I don’t have a ready opinion based on experience). As noted by several, the ownership had not transferred, so you were driving their vehicle and were involved in “not at fault” accident. So the first point should be cut and dried: the damage repair is the responsibility of the at-fault driver’s insurance and negotiated with the dealer-not you. You should not involve your insurance (did the dealership get a copy of your coverage prior to test-drive? Hopefully not). If you have a personal relationship with your agent (not an on-line persona but a real brick and mortar place) you can call them off the record.

The second issue is more of a personal conundrum: do you want a damaged (repaired) new vehicle? If it exceeds $1000 (I think this is the amount), then just like damage that occurs in transport and subsequent repair, dealers are required to disclose to the buyer and given option of take or not-although the “disclosure” is moot in this case. You need to find out if the repair is disclosed to the 3rd parties like Carfax to determine if reduced value consideration is warranted.

Bummer for sure.

 

[Sykotyk]

1. IF and only IF you can get them to pay loss of value would I take the truck and sign for it. If they won't pay loss of value, let ford and the jeep driver insurance hash it out. Can't be sold as new. And you know THEY will demand loss of value be paid up to them.

But I wouldn't touch the truck until it's fixed and either you're buying it at a discount OR the jeeps insurance has a check for you equal to the loss in value.

This is first day driving accident. It has years of future wear and tear that might be aggravated by it.

 

[Czl04]

I'm not a lawyer. The truck belongs to the dealership. Why should you pay for repairs?

Would they expect you to pay for repairs if it was damaged coming off the truck?

What about if it was damaged by hail the morning before you went to pick it up?

Makes no sense.

Not my pig, not my farm.

You definitely aren't an attorney

 

[projectvortex]

Were you at fault? Stopping at a yeild sign? That sucks no matter how you slice it.

Doesn’t matter if he was stopped or not. The person behind is always going to be at fault. He doesn’t own the vehicle so any claim should be pursued by the current owner of the vehicle……the dealer. Personally I would walk away from what now is damaged goods. Terrible terrible luck and very sorry this happened. Sounds like something I would run into (no pun).

 

[projectvortex]

You definitely aren't an attorney

Can an attorney make pigs fly?

 

[Dun4791]

I wouldn’t even call my insurance. I’d give the kids insurance info to the dealer and let those two worry about it.

Now if it was your fault, yeah I would call your insurance and get the dealers vehicle fixed for them.

In no way is the vehicle yours, and you don’t have to buy it.

Sponsored