Went to look at a Subaru yesterday. Have my eye on a new WRX or a 2000-2001 Vintage 2.5RS. Got to drive a pristine mint 2001 2.5RS, really a super ride. It was a sunny afternoon but it had just rained a few hours before. The salesman suggests I drive the 2.5RS. So, we go down this country road, never been on this road before. The salesman is in the back seat.

About 5 mins into the drive, I go around a turn, the car looses control (despite being in 2nd gear and AWD) and plows into an on comming Ford Explorer Sport. I pull off, everyone in both cars was OK, though the lady in the Explorer was badly shaken.

There were witnesses, all who supported that I was not speeding, and this was a tough turn in this weather. Everyone looked at the salesman like "what the hell are you thinking, taking this car on these roads with peope who've never driven this car...."

The salesman admitted guilt to me and the cop. Even the lady who was in the Explorer was like "that jerk" in reference to the salesman despite I was indeed driving.

I was not issued a ticket, nor a report number. The dealership I assume has insurance, but can mine be affected? Can the dealership go after me?

The Dealer appoligized and said they "were sorry." They have a copy of my driver's ID and my phone number. Do you think I will suffer any recourse? Hope all is well with everyone.

And just for the record, the Subaru made a real mess of that Explorer. Strong cars those Subarus.

Randall,

Now come on. The car didn't lose control, you did. Take responsibility for your actions.

Herb

'82 240D
'87 300SDL

I don't see how it was the salesman's fault: you were driving and so you must take responsibility for your driving. And I don't see how the fact that the road and the car were unfamiliar has anything to do with it: you should have taken both factors into account when driving.

You should tell your insurance company that you have been involved in an accident that was your fault. This will affect your premium next year. An insurance contract is a contract of the utmost good faith and your insurance company is entitled to information about your driving record.

It is unlikely that you will suffer any further penalty, though. The dealership probably has insurance. However, since you were driving the car, it was your responsibility to check that you were adequately insured.

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JJ Rodger
2013 G350 Bluetec
1999 SL 500
1993 E300 diesel T
1990 190

Uhhhhhhh..........what about the ladies Explorer you also wrecked???? Who is liable for THAT repair???? This accident involved two vehicles, not just the Subaru. Sounds like a prime scenario for a law suit.

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Dale, R129
W202

I don't know why the salesman should be held with any kind of contempt, he WAS in the backseat. A customer (you) wanted to test drive a car, this is sorta like "his job". What's he supposed to do, make sure you are somehow competent to drive the car and all the roads you will be driving on prior to the roadtest? "Nope, sorry sir, you've never driven a car like this before, and I don't really think you know the roads around here ALL that well, NO roadtest for YOU today".
YOU were driving and got into an accident, it happens, you know? Take responsibility and be happy (as you do seem to be) that no one got hurt.

Gilly

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I agree with most of the others in the group. As you were the driver, you are responsible for your actions behind the wheel.

However, the salescreature admitted fault to the police in the accident. I don't know why he did in this case, but his admission to an officer is admissable in court, and pretty much absolves you of any responsibility. As for the dealership, they are insured, and will likely be saddled with the claim on the Exploder as well, unless you are in a no fault state and weather was determined to be a factor.

The Dealer's insurance might go after your insurance but definitely your risk rating will increase. There was no traction control?

Somebody needs to explain to me how the salesman in the back seat could be responsible for this one...

Its been very dry here in the northeast and wet roads after long periods of dry weather are very slick. Think about it - there are several weeks of oil, ATF and antifreeze on the roads (not everybody maintains cars like we do) and now you get a nice coat of water on the road.

I'm intrigued by tkaymas explanations about the cause of the accident. Why not blame the other driver for blocking the road when the Subaru went out of control? How about blaming us all for driving fossil fuel burning cars that cause global warming causing climate changes that bring long periods of drought? Either would be only slightly less silly than trying to blame the salesman in the back seat.

The driver should pay for all damages to both cars - he was the person who should have evaluated the driving conditions (rain, never been on the road, never driven the car before, distracting salesman making inance comments, ect, ect) and modified his driving style to take into account the factors in play at the moment. Of course in our current culture the person with the deepest pockets is pretty much always the person that is deemed to be at fault. I suspect the dealer will end of paying for this one.

Well, to add insult to injury, not only is it Monday morning but my cousin Mike, who is staying with me decides to post of an accident he had using my post name. Not cool. I guess this is what I get letting my cousin use the computer. (Mercedesshop is my home page, so I guess I made it easy for him) I was at the shore the entire weekend. Sorry for the confusion. Oh, and yes, the diesel is running well....

Randall,

You can tell your cousin what everyone thinks. I myself wonder if he is one of those people that thinks that the laws of physics are suspended when one drives a 4WD vehicle. Heard it too many times "spun right around and I have 4WD in my SUV!". Makes me wonder too how fast he was really going, "not speeding" could be 30 mph, which, cornering on a strange wet road is really asking for it.

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joE
1993 300e-2.8 - gone now <sigh>
"Do not adjust your mind, it's reality that's malfunctioning"
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When I had my 504 Peugeot, with its excelent suspension and strong front end, and great brakes, I test drove a Honda Acord, with its consumer suspension and weak front end, and shall I say different brakes. As was coming up to an intersection with a dip the light turned yellow. I pushed on the brakes but their wasn't anything near what I was used to so I continued through the yellow light, not thinking much about the dip that my Peugeot wouldn't have noticed. But the Honda took extreme exception to it. The front bottomed out hard and the salesman banged his head against the sunroof. He was pissed and I apologized a lot, my only excuse was that my car would have handled that dip.

My pre-teen son was in the back and said "Cool, dad"

While drivers should always have control, being egged on by a salesman claiming the handling abilities of the car will have an influence. In reality the driver isn't the only person having responsibility. To quote my wife: "It's clear, except for..."

Well, after some careful thought about the situation, let me just say this. While drivers should take ramifications for their actions, accidents do happen. Lest we not forget this. I do believe my cousin, he was not speeding. Two others in the car will support this. Not a ticket was issued and statements were made as to what happened. Speed was not an issue. Let's go even further, was the car in top shape? Granted a pretty new car, but were the tires in good shape? What about the pressures? Is it not up to the salesman to advise of strange happenings in the road? Just a lot of questions with no answers. And even if there were, its too little too late.

But first and foremost, no one was hurt. Cars were damaged, sure, property was violated. I get a kick out of some people who go off on the "morality" and "responsibility" of accidents. I would just like to see the "morals" when something unfortunate happens to them. Not only is it highly subjective, but I believe its a slippery slope when it comes to fender benders.

Ask yourself this: If you choke at Mc Donalds, is it your fault? Afterall, you did choke on the food...

Whoever has the most money is at fault

The point of the Mc Donalds simile was to accentuate the addage of "accidents happen." If someone chokes, sure, they ate the food and choked, but you can't *blame* them of choking. Blame, in a court of law anyway, is determined when there is malicious intent. No one intends for car accidents to happen, that's why in New Jersey, there is the "no fault" clause. Just a little sidebar.

"It's all clear! Nothin' but a lil' ol' Greyhound..."