Legal Question in Product Liability in Wisconsin

Damage to a test-driven vehicle

I hit a parked car while test driving a moped from a dealership and caused damage to the parked car and moped. Must I pay the dealership for parts and labor to fix the moped or are they covered under their insurance? Also do I have to pay for the car I hit or should his insurance cover that as well?


Asked on 4/26/06, 4:37 pm

2 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Damage to a test-driven vehicle

You might check with both your auto insurance company and your homeowners insurance company to see if your policies provide you with any coverage for this collision. There are often exclusions for two-wheeled motorized vehicles however. Much may depend on whether the dealership had you sign any liability forms before you took the moped on the test drive. Often the other vehicle's owner or insurance may be able to make a claim against the dealership for the damages to the parked car if you did not have any insurance, however, they may be able to make a claim against you for reimbursement. If there was a police report and if this was a reportable accident, the WI Motor Vehicle Department may take action against you if you did not have any insurance coverage for the collision. If you get a letter from them, make sure to respond, but you might wish to consult with an attorney first. If you have any further questions, feel free to contact me. Also, note that there is a six year statute of limitations which applies and allows the other parties up until six years from the date of the collison to potentially settle with you or sue you in Court.

Read more
Answered on 4/30/06, 5:11 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Damage to a test-driven vehicle

Unfortunately, I cannot help you with this. You may wish to call the Milwaukee Bar's Lawyer Referral Service at 4142741901 or Wisconsin Bar's Lawyer Referral Service at 8003629082.

Read more
Answered on 4/28/06, 4:28 pm


Related Questions & Answers

More Products Liability questions and answers in Wisconsin