Damage to test drive vehicle at mechanic's parking lot; dealer wants deductable

[Zigner]

So what you're saying is if I park someone's car in front of a giant *&^&ing hole [read: as I pulled up to that giant *&^&ing hole, there's no way I myself couldn't have seen it], smile, hand someone the keys, they get in and drive forward without seeing that I parked it in front of giant *&^&ing hole, and they fall to their fiery death, I'm not liable?

It's really not hard: The DRIVER of the vehicle is responsible for maintaining control of the vehicle. The DRIVER of the vehicle has the responsibility of NOT running in to stationary objects.
Making up silly scenarios doesn't change the answer.

 

[ecmst12]

This is NOT the same as if your friend lent you his car. This is more like if you RENT a car and damage it, your insurance is primary in that case.

 

[Labtec600]

This is NOT the same as if your friend lent you his car. This is more like if you RENT a car and damage it, your insurance is primary in that case.

Who has already denied it for some reason which is what I am not understanding.

 

[deductable rumb]

So, what you're saying is that EVERYBODY has agreed that you are liable for the damage you caused...

Why is this a big deal? I never said I was going to go after the mechanic. In fact I have since gone back to him on numerous occassions to have work done on another car that I got, and my other car... even though my insurance agent told me he would never go back to a mechanic who did that to him...

And, yes, I recognize I'm technically liable. That doesn't change the fact that I don't think it was entirely my fault. Only a self-rightous pompous jackass would feel the need to continue to point out that I'm liable.

 

[deductable rumb]

This is NOT the same as if your friend lent you his car. This is more like if you RENT a car and damage it, your insurance is primary in that case.

This is correct. This is the category my insurance agent said it would fall into. So, if my insurance is primary, but they are saying the dealer's insurance needs to deny it first, they're just coming up with an excuse to not pay up?

 

[ecmst12]

Your adjuster may be confused. Talk to him or her again.

 

[deductable rumb]

Who has already denied it for some reason which is what I am not understanding.

The dealer never submitted it is my best guess, or if they did, their insurance approved it. I need to find out more about this, but can't until I talk to the my insurance adjuster tomorrow.

 

[deductable rumb]

The dealer says my insurance denied it, but in reality (or at least from what may be the BS my insurance is feeding me) my insurance can't approve it until the dealer's insurance turns it down, so my insurance hasn't denied it.

 

[deductable rumb]

Your adjuster may be confused. Talk to him or her again.

I will, tomorrow.

 

[Labtec600]

Was this a business reason you were driving this vehicle?

 

[Zigner]

Why is this a big deal? I never said I was going to go after the mechanic. In fact I have since gone back to him on numerous occassions to have work done on another car that I got, and my other car... even though my insurance agent told me he would never go back to a mechanic who did that to him...

And, yes, I recognize I'm technically liable. That doesn't change the fact that I don't think it was entirely my fault. Only a self-rightous pompous jackass would feel the need to continue to point out that I'm liable.

Why are you so thick-headed. You admit you are liable, yet you don't think it's your fault? Liability=fault.

 

[deductable rumb]

Why are you so thick-headed. You admit you are liable, yet you don't think it's your fault? Liability=fault.

This whole liability nonsense is not what this is all about...

And, as far I'm concerned, I can recognize when I am liable for something in the eyes of the law, and when something was not my fault. There are are those who see things as only black or white, and then there are those who see the grey in between. You, my friend, only see things as either black or white. Seeing as I don't share that way of seeing things with you, don't waste your time in trying to drive that point home to me.

 

[>Charlotte<]

So what you're saying is if I park someone's car in front of a giant *&^&ing hole [read: as I pulled up to that giant *&^&ing hole, there's no way I myself couldn't have seen it], smile, hand someone the keys, they get in and drive forward without seeing that I parked it in front of giant *&^&ing hole, and they fall to their fiery death, I'm not liable?

Okay. Let's say you were sitting in Dairy Queen having a Dilly Bar, and suddenly the place was attacked by a gang of Turkish rebels with AK47's. They grab you and let everyone else go, and when the hostage negotiators show up they demand a car to take them to an airport where a Cessna 560SL will be waiting to fly them to Ankara. They blindfold you and force you into the car and tell you to drive, but the FBI agent who parked the car parked it next to a short pipe bollard because that spot gave the snipers a clear shot into the passenger seat. The Turkish rebels are so busy shooting cover-fire they forget to take your blindfold off, and you're too scared--not that I'm calling you a coward or anything--to say anything, so when they tell you to drive you just floor it, and run into the pipe bollard. Since, presumably, Turkish rebels are total anarchists, none of them are wearing their seat belts so they all get thrown forward hitting their heads on various pieces of molded plastic and are rendered unconscious. The cops surround the vehicle, apprehend the Turkish rebels and set you free, and Dairy Queen comps you for the Dilly Bar, but there's a big paint scrape on the rear quarter panel of the car where it hit the pipe bollard.

That probably would not be considered your fault.

 

[Zigner]

This whole liability nonsense is not what this is all about...

And, as far I'm concerned, I can recognize when I am liable for something in the eyes of the law, and when something was not my fault. There are are those who see things as only black or white, and then there are those who see various shades of grey in between. You, my friend, only see things as either black or white. Seeing as I don't share that way of seeing things with you, don't waste your time in trying to drive that point home to me.

Ok good. Now that you recognize that you ARE liable (at fault), you will recognize that it is your responsibility to make the dealer whole.

 

[I_Got_Banned]

Since, presumably, Turkish rebels are total anarchists, none of them are wearing their seat belts

HOLD ON FOR A MINUTE.... I don't think the OP should buy into this explanation as of yet... We need to clear something up...

Why would an anarchist, turkish or otherwise NOT wear his/her seat belt?