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01:14 Test drive: no liability for accident |
Test drive: no liability for accident
The Court of Koblenz Higher Regional Court of car buyers, causing
damage during a test drive of the vehicle does not have to pay damages.
The liability is therefore excluded.
Start a prospective customer, who wants to make a test ride on a
vehicle offered for sale at the car dealer, must be assumed that it is
insured by a comprehensive insurance.
If the dealer will not insure the car, so he must inform
prospective purchasers necessarily before the test drive of its
potential liability thereof. It is advisable to check beforehand as to
whether the car has an insurance cover or do not about any negative
surprise.
From my experience, signs of the test driver before commencing the
journey possess transfer document stating the amount of deductibles.
To the above-mentioned case
During the test drive of "Easy Trike Chopper", the driver slid off
the clutch. He then hit the chopper first against a customer's vehicle
and then against an oil drum. The damage to the bike was around 5,000
euros. The purchaser was not injured. The car dealer demanded
compensation. But the party liable disputed this claim, because he was
of the opinion that the Easy Trike Chopper "was insured with a proper
insurance. The judges of the Higher Regional Court Koblenz voted for
buyers and to exempt from liability.
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