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Accident During a Test Drive: Whose Insurance Pays First?

By AutoInsuranceBundle.pro · Published

Short answer: In many states, insurance follows the car, so the dealer's policy usually pays first after a test drive crash and your own policy may act as backup. Some states set the order by law. Illinois makes the dealer's insurance primary, while Georgia makes the test driver's own liability coverage primary. Ask the dealer before you drive.

A test drive is supposed to be the fun part of buying a car. Then a driver runs a stop sign or you misjudge a tight turn, and suddenly there is damage to a car you don't own. Who pays depends on two things: the general rule that insurance follows the car, and any state law that changes the order. Here is how it usually works, and what to check before you take the keys.

The short video below covers the basics in about half a minute. It uses licensed stock footage of roads and car lots, not footage of any real crash or dealership. The full guide follows.

Video: Test drive crash? Whose insurance pays first (30 sec). Licensed stock footage; illustrative only, not footage of a real crash or real people involved in one.
Video transcript

Crashed during a test drive? Whose insurance pays? In many states, insurance follows the car, so the dealer's policy usually pays first. Your own policy may step in as backup. But some states flip the order. Georgia makes the test driver's coverage primary. Before you drive, ask the dealer about its coverage and carry your insurance card. Know your coverage before you take the keys. Compare free quotes at autoinsurancebundle.pro.

Primary and excess coverage, in plain English

When more than one policy could pay for the same crash, insurers sort them into an order:

  • Primary coverage pays first, up to its limits.
  • Excess (secondary) coverage pays only after the primary policy is used up, or for losses the primary policy doesn't cover.

In most states, auto insurance follows the car. The policy on the vehicle, in this case the dealer's, is usually primary. Your own policy may extend to a car you drive with permission, such as a test-drive car, and act as excess. Check your policy's section on non-owned vehicles to see how yours works.

State laws that set the order

Some states don't leave this to policy wording. Two examples show how different the rules can be:

StateWho pays first for a test drive crashSource
IllinoisThe dealer's insurance is primary for a permitted test drive, and the driver's insurance is secondary. A separate section applies the same rule to used-car dealers.625 ILCS 5/5-101, 625 ILCS 5/5-102
GeorgiaIf the driver isn't the owner or the dealer's employee and has their own policy, the driver's liability policy is primary and the dealer's is excess.O.C.G.A. §33-34-3(d)
Other statesUsually decided by the policies' "other insurance" clauses, with the car's policy often primaryYour policy and the dealer's policy

So the same fender bender could be paid first by the dealer in Chicago and first by the driver's own insurer in Atlanta. If you live near a state line or buy a car in another state, the rules where the dealer is located may apply.

What about damage to the dealer's car?

The rules above mostly deal with liability, meaning injuries and damage you cause to other people. Damage to the test-drive car itself is a separate question.

Type of lossWho usually pays
Injuries or damage to another driverThe primary liability policy under your state's rules, then the excess policy
Damage to the dealer's carOften the dealer's own physical damage coverage; some dealers seek repayment from the driver or the driver's insurer
Your own injuriesYour health insurance, and your auto policy's medical payments or PIP coverage if you have them
Another driver caused the crashTheir liability insurer should pay for the dealer's car and your injuries

Whether your collision coverage extends to a non-owned car you're test-driving depends on your policy. Some policies cover it; others limit or exclude it. If you don't own a car and have no insurance, ask the dealer exactly what its policy covers before you drive.

Before the test drive: a quick checklist

  1. Bring your driver's license and insurance card. Many dealers ask for both and may copy them.
  2. Ask about the dealer's coverage. A simple question works: "If I'm in an accident during this test drive, whose insurance pays first?"
  3. Read anything you sign. Some test-drive forms make the driver responsible for damage or the deductible.
  4. Know your own policy. Check whether liability and collision coverage extend to a non-owned car.
  5. Drive normally. A test drive is not the moment to try the car's top speed.

If you do crash on a test drive

  • Make sure everyone is safe, and call 911 if anyone is hurt.
  • Call the police if your state requires a report for the damage or injuries involved.
  • Exchange information with any other driver, and take photos of all vehicles and the scene.
  • Tell the salesperson or manager right away, and ask for the dealer's insurance details in writing.
  • Notify your own insurer, even if you expect the dealer's policy to pay. Late notice can cause problems if your policy ends up paying as excess or primary.

Call (888) 217-5854 for free quotes.

FAQ

Does the dealer's insurance cover a test drive accident?

Often yes, because insurance generally follows the car. But some states, such as Georgia, make the test driver's own liability policy pay first.

Will my insurance go up after a test drive crash?

It can if your policy pays part of the claim and you were at fault. If the dealer's policy pays everything, your rates may not be affected.

Can I test drive a car without insurance?

Some dealers allow it and rely on their own policy, but many ask to see your insurance card. Ask before you drive, and read any form you sign.

What if the other driver caused the test drive crash?

The at-fault driver's liability insurer should pay for damage to the dealer's car and for injuries, just as in any other crash.

Does my collision coverage cover a dealer's car?

It depends on your policy. Some policies extend collision to non-owned cars you drive temporarily; others limit it. Check the non-owned vehicle section.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.

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