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Being sued after test drive Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Irish559, Mar 19, 2012.

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  1. Irish559

    Irish559 Law Topic Starter New Member

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    We are being sued by a car salesman after taking a test drive in a car and apparently injuring the salesman. We did a u-turn after coming to a complete stop, the salesman was in the back seat with no seat belt on, and ended up on the floor. We asked if they were ok, and they answered yes. 3 years later, they are claiming they were severly injured in the event and are completely disabled. Will our car insurance cover this?
     
  2. disagreeable

    disagreeable Well-Known Member

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    Likely not as you failed to report it. Did you have any knowledge this was potentially happening beforehand? Did he claim injury at the time? Did he file WC against the car lot? What do you know of the injuries he is claiming?
     
  3. Irish559

    Irish559 Law Topic Starter New Member

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    We did not have any indication that this person was hurt. We asked if she was ok, she replied yes. We were at the dealership for approx. 1 hour after the test drive, and there was no indication that she was injured. Therefore, we did not report it to our insurance. It never occurred to us to report.
     
  4. disagreeable

    disagreeable Well-Known Member

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    IMO, it is not likely your insurance will get involved at this point. That said, it also is not likely the lady will win, unless she has a ton of documentation bridging the gap between then and now.
     
  5. army judge

    army judge Super Moderator

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    More than likely, the statute of limitations will bar her from suing you.
    If she was injured on the job, this should be a workers comp claim.
    If you are sued, you might wish to consult a lawyer.
    She's probably out of work and sees you as an ATM.
    She'll also have a proof problem, if you keep your mouth shut.
    My approach would be, what injury?
    There was never an accident, so how did she get hurt?
    Don't admit to anything.
    If she sues you, she will have to PROVE her case.
    Don't help her!!!!
     
  6. mightymoose

    mightymoose Moderator

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    Not only will your car insurance NOT cover this, you should not agree to pay anything or even engage in conversation regarding this.
    The salesman should have been wearing his seatbelt, and as said above, should have made a worker's comp claim at the time this occurred.
    You have zero responsibility.
     
  7. mightymoose

    mightymoose Moderator

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    Also, if anyone's vehicle insurance is to cover the injury it would be the dealer's insurance.
     
  8. disagreeable

    disagreeable Well-Known Member

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    Actually, the claim would be a double edged sword at this point. If she collected WC for the injury, my understanding is she would be required to reimburse them for the amount of any recovery. If she did not collect WC, she has no case against you.
     

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