Liability during test drive
May 1st 2006, 7:28 am
#1
Melbourne Australia
Thread Starter
Joined: Feb 2006
Posts: 4,169
Liability during test drive
Does anybody know who holds liability for damage to a car during a test drive.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
May 1st 2006, 7:32 am
#2
(It's not my real name)
Joined: Sep 2002
Location: Ilukapool. WA
Posts: 12,467
Re: Liability during test drive
The dealers insurance should cover it, surely?
May 1st 2006, 7:36 am
#3
Proudly Deplorable
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Re: Liability during test drive
Originally Posted by renth
The dealers insurance should cover it, surely?
May 1st 2006, 7:57 am
#4
Forum Regular
Joined: Mar 2006
Location: Canberra
Posts: 188
Re: Liability during test drive
Originally Posted by thebears
Does anybody know who holds liability for damage to a car during a test drive.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
Last edited by pomref; May 1st 2006 at 8:14 am.
May 1st 2006, 8:00 am
#5
Joined: Mar 2004
Posts: 5,940
Re: Liability during test drive
Ask him to rearrange these words into a famous saying.
****ED
AND
GO
GET
****ED
AND
GO
GET
May 1st 2006, 8:37 am
#6
Joined: Mar 2005
Posts: 2,027
Re: Liability during test drive
Originally Posted by thebears
Does anybody know who holds liability for damage to a car during a test drive.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
May 1st 2006, 8:40 am
#7
Victorian Evangelist
Joined: Sep 2005
Location: Melbourne, by the beach, living the dream.
Posts: 7,704
Re: Liability during test drive
Originally Posted by thebears
Does anybody know who holds liability for damage to a car during a test drive.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
I cant comment on the law in Oz but it is based on British laws. In the UK the driver of the vehicle is responsible for everything that happens while he is driving it. It may be his fault, it may be the cyclists fault, thats for insurance companies and the courts to sort out, but there is no way it would be a passengers fault.
Really glad to hear C is enjoying herself!
Cheers guys
Buzzy
May 1st 2006, 8:51 am
#8
Forum Regular
Joined: Mar 2006
Location: Canberra
Posts: 188
Re: Liability during test drive
Originally Posted by Buzzy--Bee
Hi S, E and C,
I cant comment on the law in Oz but it is based on British laws. In the UK the driver of the vehicle is responsible for everything that happens while he is driving it. It may be his fault, it may be the cyclists fault, thats for insurance companies and the courts to sort out, but there is no way it would be a passengers fault.
Really glad to hear C is enjoying herself!
Cheers guys
Buzzy
I cant comment on the law in Oz but it is based on British laws. In the UK the driver of the vehicle is responsible for everything that happens while he is driving it. It may be his fault, it may be the cyclists fault, thats for insurance companies and the courts to sort out, but there is no way it would be a passengers fault.
Really glad to hear C is enjoying herself!
Cheers guys
Buzzy
May 1st 2006, 8:58 am
#9
BE Enthusiast
Joined: Nov 2005
Location: Tallebudgera
Posts: 607
Re: Liability during test drive
sherbet shane
I am just glad no one was seriously injured. your poor wife does always seem to be the one at the brunt of bad luck with cars. I am thinking back to her x5 incident you mentioned.
I am sure the dealership is just trying to pull a swifty.
On another subject though I know you tried to send my a pm I couldnt open it as my inbox is full and being the blonde I am couldnt work out how to delete any. Anyway I have done it now but still cant retrieve your message so can I ask again. Was it 10 each or just you and your wife,
ta nicola
I am just glad no one was seriously injured. your poor wife does always seem to be the one at the brunt of bad luck with cars. I am thinking back to her x5 incident you mentioned.
I am sure the dealership is just trying to pull a swifty.
On another subject though I know you tried to send my a pm I couldnt open it as my inbox is full and being the blonde I am couldnt work out how to delete any. Anyway I have done it now but still cant retrieve your message so can I ask again. Was it 10 each or just you and your wife,
ta nicola
May 1st 2006, 9:02 am
#10
s**t rolls down hill
Joined: Sep 2005
Location: Currimundi, Sunshine Coast
Posts: 490
Re: Liability during test drive
Originally Posted by thebears
Does anybody know who holds liability for damage to a car during a test drive.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
While out with the dealer test driving a used 2003 toyota camry the car was damaged by a cyclist.
Damage to his bike A$600, damage estimated to rear passenger door A$1600.
The dealer was driving at the time. We were in downtown Melbourne and stationery behind a number of cars. My wife suggested getting out to get some milk for the young one (who had fallen asleep in the car seat). We were going to go around the block and pick her up. As she tried to exit the car a cyclist came down the hill and slammed into the door. The damage to the door is caused by the impact pushing the door forward (huge crease and door does not shut ).
As we were stationery the car on the left (parked) also had its bonnet up as it was broken down. Surely this would of given the cyclist to slow down on approaching us? I was in the front passenger seat and thinking of getting out first to open the door for my wife (which is something I do alot) and didnt see the cyclist until he was halfway through the door. He must of been going excessively fast - he even muttered in his state of shock to himself that he was travelling to fast.
The dealer says they will contribute only the first $600 to the cost - the rest is our responsibility. Told him in blunt kiwi terms what I thought. But has anyone else been in similar circumstances?? I thought the driver of the car was responsible as they should advise passengers whether it was safe or not to enter/exit car?
Apart from this incident having a great time - daughter loves her new country.
May 1st 2006, 9:34 am
#11
Melbourne Australia
Thread Starter
Joined: Feb 2006
Posts: 4,169
Re: Liability during test drive
[QUOTE=nicola411]sherbet shane
I am just glad no one was seriously injured. your poor wife does always seem to be the one at the brunt of bad luck with cars. I am thinking back to her x5 incident you mentioned.
I am sure the dealership is just trying to pull a swifty.
Hi Nicola, Buzzy and others
Thinking of buying the wife a tank for her birthday. Might need parking sensors though
It was A$10K per passenger - according to the landing cards.
Thanks for the replies re the car. The dealer will be talking with his boss and calling me back tommorrow. I do love a good tit tat with dealers be they car, estate or employment.
On a better note my daughter has her first day at nursery tommorrow and she has already been invited to a 5 year old birthday party, (fancy dress - wife got her a fairy outfit).
Life is good over here - the people are really friendly and go out of there way to help.
Kiwi
I am just glad no one was seriously injured. your poor wife does always seem to be the one at the brunt of bad luck with cars. I am thinking back to her x5 incident you mentioned.
I am sure the dealership is just trying to pull a swifty.
Hi Nicola, Buzzy and others
Thinking of buying the wife a tank for her birthday. Might need parking sensors though
It was A$10K per passenger - according to the landing cards.
Thanks for the replies re the car. The dealer will be talking with his boss and calling me back tommorrow. I do love a good tit tat with dealers be they car, estate or employment
.On a better note my daughter has her first day at nursery tommorrow and she has already been invited to a 5 year old birthday party, (fancy dress - wife got her a fairy outfit).
Life is good over here - the people are really friendly and go out of there way to help.
Kiwi
May 1st 2006, 10:06 am
#12
Joined: Dec 2003
Location: Hillarys, Perth
Posts: 3,973
Re: Liability during test drive
Which side of the car did the cyclist hit, cos if its the left side he should not over take on the left, only allowed on the right.
I would have told the dealer where he can shove his dented car.
I would have told the dealer where he can shove his dented car.
May 1st 2006, 10:12 am
#13
Lost in BE Cyberspace
Joined: Oct 2005
Location: Hill overlooking the SE Melbourne suburbs
Posts: 16,622
Re: Liability during test drive
Originally Posted by Amazulu
I agree. I'd tell the dealer to get stretched if he tried to pull that one on me.
May 1st 2006, 10:49 am
#14
BE Forum Addict
Joined: Nov 2005
Location: Melbourne's Inner North
Posts: 1,003
Re: Liability during test drive
I would highly recommend seeking legal advice over this one as I think there may be issues about exiting from a car that is on the road, as opposed to parked at the side of the road (even if the car is stationary in traffic!)
there's also not just the damage caused but the potential for the cyclist to sue for damages/medical fees etc. even if he did admit to going too fast, if there is something about it being illegal to open a car door unless it's parked then it could end up being your wife who is liable as she opened the door!
chepaest (i.e. free) way to get leagl advice is to see if there's a local legal cline in your area. check the National Association of Community Legal Centres http://www.naclc.org.au to find your nearest one!
there's also not just the damage caused but the potential for the cyclist to sue for damages/medical fees etc. even if he did admit to going too fast, if there is something about it being illegal to open a car door unless it's parked then it could end up being your wife who is liable as she opened the door!
chepaest (i.e. free) way to get leagl advice is to see if there's a local legal cline in your area. check the National Association of Community Legal Centres http://www.naclc.org.au to find your nearest one!
