Test Drive Terms and Conditions

[BertBert]

Hi All, I have this term to agree to for my upcoming test drive.

You agree...

That <garage>. reserves all rights in relation to any damage/injury caused or contributed to by you to any third party or property (including the Vehicle) as a result of you participating in a Test Drive. You agree to fully indemnify <garage> and their respective agents of employees against all and any such claims which arise, as a consequence or your reckless and/or negligent conduct.

Now I was under the impression that if you had a "fault" accident that was almost always considered to be negligent. Thus taking the above term literally, if you have a (fault) crash you have to foot the bill not the insurance.

Am I correct or wildly wrong?

Cheers
Bert (looking forward to the test drive!)

[E-bmw]

I would say it sounds like you are correct, so the onus will be on you to take out temporary insurance, or take the risk.

[BertBert]

Which is very much not the norm for dealer test drives! I'll call them

[geresey]

It can be actually. Some charge for insurance.

[Sheepshanks]

I suppose it’s saying “don’t drive in a reckless or negligent manner.”

[ridds]

Seem's fairly standard.

They have 3rd party cover.

This is waiver confirming you understand that an accident caused by you is your responsibility and their insurers can chase you (or the insurance company you have taken out additional cover with) for the difference.

[Drawweight]

I’ve just looked at the service loan/demo form from the BMW dealer that I bought my bike from.

I am responsible for the first £2500 of any damage to the bike or 25% whichever is the greater.

Regards anything else it just says I must cooperate in respect of any insurance claim.

[davek_964]

When I test drove my 650, I signed a form acknowledging a £5k excess on their insurance which I would be liable for. Nothing like that though (this was 3.5 years ago from an official dealer)

[BertBert]

There is is also a pay the first £1000 of any damage clause as well which implies insurance, but nothing explicit about it.

I don't for one moment think they'd not have fully comp cover for an £80k demo car on a test drive that didn't cover you for fault accidents.

I'm assuming it's trying to be a don't drive like a dick clause, but suspect technically it has an unintended consequence.

It's certainly a blocker for a test drive as it stands.

[Grumps.]

I don’t think I have ever been asked to sign any forms prior to test drive anything, and on many occasions they just throw you the keys and say ‘see you when you get back’.

[BertBert]

Spoke to the dealer and they have no idea as someone, somewhere else wrote the words and unsurprisingly I'm the first person to question it!
They'll look into it and get back to me.

[Sheepshanks]

BertBert said:

I don't for one moment think they'd not have fully comp cover for an £80k demo car on a test drive that didn't cover you for fault accidents.

I seem to recall motor trade is often effectively 3rd party only.

Are they part of a big group? If so, you can imagine how big their fully comp insurance would be.

[alscar]

BertBert said:

Spoke to the dealer and they have no idea as someone, somewhere else wrote the words and unsurprisingly I'm the first person to question it!
They'll look into it and get back to me.

Hopefully they will accommodate you - given the numbers of Emira cancellations supposedly I imagine any test drives would be relatively welcome ?!

[BertBert]

Grumps. said:

I don’t think I have ever been asked to sign any forms prior to test drive anything, and on many occasions they just throw you the keys and say ‘see you when you get back’.

Presumably after you check that they've insured it for you?

[KTMsm]

Grumps. said:

I don’t think I have ever been asked to sign any forms prior to test drive anything, and on many occasions they just throw you the keys and say ‘see you when you get back’.

Being in the Motor Trade - this was the approach for many years

Most garages have changed their policy after being burnt

I cannot even get solo cover for demo any more, I have to be in the car

[Gareth79]

Grumps. said:

I don’t think I have ever been asked to sign any forms prior to test drive anything, and on many occasions they just throw you the keys and say ‘see you when you get back’.

They should at least take a copy of your driving licence, otherwise when the inevitable speeding ticket arrives they'd be screwed. Likewise lending a car to somebody without a valid driving licence can risk prosecution for permitting.

[BertBert]

Update from the dealer sales guy this afternoon... The someone, somewhere else department has no idea what I'm taking about, but they'll carry on looking at it!

I just hate the bureaucratic amateur half arsed arse covering ste that has befallen our once great nation.

Bert

[Grumps.]

Gareth79 said:

Grumps. said:

I don’t think I have ever been asked to sign any forms prior to test drive anything, and on many occasions they just throw you the keys and say ‘see you when you get back’.

They should at least take a copy of your driving licence, otherwise when the inevitable speeding ticket arrives they'd be screwed. Likewise lending a car to somebody without a valid driving licence can risk prosecution for permitting.

Yes I was being a bit flippant to be fair and they do normally take a photo copy of my licence beforehand.

And the last test drive a few weeks ago was accompanied but they didn’t take a copy my driving licence!

[KTMsm]

BertBert said:

I just hate the bureaucratic amateur half arsed arse covering ste that has befallen our once great nation.

Bert

It's a combination of "I know my rights" general scum and ridiculously priced / poor solicitors

In fairness if you wanted to drive my £80k car I'd want to be holding all the cards too - I only let others drive these days if I'm holding the money, it eliminates the day trippers and resolves the insurance issue

[BertBert]

Agreed, but it's a main dealer not a private individual!