Dealership Could Be Liable for Florida Car Crash Lawsuit
A family in the Tampa area is upset after employees of the dealership that was supposed to repair their car got it involved in an auto accident in St. Petersburg. Tampa Bay’s WTSP reported Dec. 10 that the Fisher family is asking for a new car after Crown Honda dealership employees involved their Honda Civic in an accident while test driving the vehicle. The family had brought in the car to investigate a “check engine” light and signed a standard form allowing the dealership to test drive it. That’s what the dealership says it was doing when another driver ran a red light and smashed into the car, doing $7,000 worth of damage.
No injuries were reported, fortunately, and the article does not suggest that the dealership employees were at fault for the crash itself. However, on hearing about the accident, the family immediately noticed that the time of the accident was 10:21 p.m. Asked what the employees were doing with the vehicle so late, the dealership admitted that they took it to an after-hours flag football game, to check for problems as they drove. The dealership says it frequently sends technicians home with vehicles in for repair, in order to see if they can reproduce the reported problems, and that it notifies its customers when it does this. The Fishers claim they got no such notification.
Regardless of the legalities, full disclosure seems like the best policy if dealerships plan to take repair cars out after hours. But depending on the circumstances, the dealership might also be liable in any Florida auto accident lawsuit the Fishers choose to file. The article notes that the mother of the family signed a waiver authorizing a test drive -- but she doesn’t feel that the 10 p.m. football trip counts as a test drive. A jury might agree, especially if the language of the waiver was misleading or there’s evidence that “test drives” generally take place during business hours. It’s hard to say without more information than the article could provide.
However, what is clear is that the Fishers still have a claim against the driver who ran the red light. In Florida and other states, it doesn’t matter whether the car is borrowed; a driver who causes an accident is still liable for any damage and injuries. If the at-fault diver is uninsured, victims may still be covered by their own UM/UIM or comprehensive auto insurance, even if none of the insureds were driving. If insurers refuse to pay these legitimate claims, Cohn, Smith & Cohn can help accident victims file a Florida auto accident lawsuit to claim the settlement that’s rightfully and legally theirs. If you’re in this situation and would like to speak to an experienced Florida attorney about your options, please contact us to set up a free consultation.
