What happens if my car is in an accident during a test drive in NY?

I am selling my car and let someone take it for a test drive. Long story short, the lady totaled my car and two other vehicles and knocked over a telephone pole. Who is going to pay for all of this? I only have minimum liability coverage on the car.

Answer
“What a terrible situation! If the driver of your vehicle is at fault for the accident, your insurance would be considered primary. If the damage exceeds your bodily injury liability and property damage liability limits, the driver’s insurance would be considered secondary.
In this instance, I hope that the driver has a valid policy in force with substantial liability limits, as it appears likely that your policy will not cover the full extent of the damage caused in the accident.
Speak to your claims adjuster. They should be able to go over how the policy’s coverage limits apply, and whether or not they are sufficient to cover the damage. This could be a situation where you or your insurance company have to take the driver to court to recoup the excess loss. “
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Shannon Martin
Answered on Apr 26, 2021
Shannon is an expert in personal lines liability insurance with 13 + years of insurance industry experience. She also served as a special insurance liaison to AARP members for 6 of those years. She is a graduate of UL Lafayette and currently resides in NY with her family. Shannon is also an amateur juggler, ukulele player, and is a time travel paradox theory enthusiast.
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