VeeshanVault

Ok, so Im selling my BMW to finance a trip through Europe, and yesterday the first of about 8 potential buyers comes out to look at the car.

Well, he loves the car, and asks to take it for a drive. I say sure. Him, his friend and myself get into the car and proceed to take it out for a spin. About 30 minutes into it... a deer runs out into the road and he hits it... To make matters worse, he doesnt have insurance because he hasnt owned a car, and since Im selling it, I dont have collision insurance...

Anyone know what the liability issues are here? He agrees that the accident was his fault, but it looks like it could be 2k + in damages... he is willing to still buy the car if I can find a deal to have it fixed for about a grand and he'll still pay 5k for the car. Im afraid that after hearing the cost of the damages he 1) wont want the car and 2) he wont want to pay for it, then Ill have to take him to small claims court... but if there is any chance at me loosing this case, Im totally fucked.

I have given my notice at my apartment that Im moving out at the end of August, and this car was to be a major portion of my financing for this trip. If I cant unload it by the end of the month, Im totally screwed.

30 minutes into a test drive? What kinda jackass is this?

I'd say his options are to buy it (you already had a "fair price" in mind) and repair it himself, or pay for repairs.

Keep in mind, if you go to a couple of repairers and make it clear that it's not an insurance job, and they will get COD, you will find the quote is *much* lower than it would be if they had to piss about w/ insurance companies...

(Edit: NM, I did mention it )

30 minutes into a test drive? What kinda jackass is this?

Um, who is the one that didn't have their car insured? Ok thanks. Sorry, uninsured motorists should be fucking jailed!

I have Liability insurance jackass..... but I dont have comprehensive or collision...

Dunno where you're from but I'd think it's illegal almost everywhere to drive w/o insurance. Anytime I've ever taken a test drive at a dealership they've asked for proof of insurance and a driver's license.

Also, since he was driving I'd say it's his responsibility to pay for the damages. You can bet he would at a new car dealership.

If he's a real ass about it, I'd think you have a decent shot at winning in court.

Siji wrote:
If he's a real ass about it, I'd think you have a decent shot at winning in court.

Yep, looks like a Judge Wapner situation to me. I doubt the driver will just hand over 2K to you.

Are there police reports showing he was the driver etc? If so, you're in good shape although it may take forever to get your money if he isn't cooperative.

Take the $1000 he would pay for repairs and the $5000 he would pay for the car and cut your losses. It isn't worth the time and hassle to go to court for a measly 1k

Your liability will cover unlisted drivers...so if he hit another car, your insurance would pay for it. Since there was no Comprehensive coverage (for Vandalism, Weather-related claim, or when you hit an animal), there would be no coverage on your car. I think your best bet would be to talk to your insurance company to see IF they will cover it due to the situation (NOT due to the planned trip, but due to the pending sale and test drive).

Sounds like the PERFCT scenario for a Judge Judy to handle. Seeing as how they have a limit of $5000 on the show it would be perfect.