SteveM

Bit embarrassing this but here goes,

I went for a test drive in a P1 on friday, me driving and the dealer in the passenger seat. I know the dealer and we were going along at a bit of pace, to which there was no objection.
I lost the back end of the car on a wet bend, corrected but not good enough. Hit a hedge at about 75mph rolled 3 times and ended up upside down in a 8ft ditch by the side of the road. Thankfully no other vehicles were involved, and we both crawled out unhurt, but god knows how. the car is a complete right off.
We were on trade plates so the vehicle was insured, the thing is the dealer has asked me to pay the excess on the insurance, £400, now considering the circumstances I have no problem doing it, my question is am I legally bound to pay it or for any other costs for that matter?
Any info or knowledge of these matters would be greatly appreciated as its doing my head in.

SteveM

IWatkins

Steve,

Unlucky. Glad you are both OK.

I'm guessing here, but if you didn't sign anything before the test drive, then I'm thinking they don't have anything over you.

I say this as a couple of test drives I have been on, I've been asked to sign a form saying that I will pay the dealers insurance excess in the event of an accident. In this case it was clear that should crash it, then 500 pounds (or whatever) would be owing from myself. This was from dealers I don't know.

The two dealers I do know well, well, they just let me take a car out on my own, no paperwork and a case of "Be back in an hour".

I'm guessing that in this case no such paperwork was signed, probably because you know the guy well. I'm thinking it was a case of "Can I have a go in the P1 ?", "Sure, I'll grab the keys". I would say they don't have a leg to stand on because of the lack of paperwork.

I guess, whether you pay is down to your conscience and whether they want to try and sue you for the money.

I'm not a legal eagle so this could all be tosh

Cheers

Ian

Mr.Cookie

I would of thought no as you have not signed on to any contract verbally or on paper, but would be quite interested to hear truth as i had an incident no harm done to car or anbody else (just a change of clothing )during one of my scooby test drives.

Simon

SteveM

Ian/Simon,
Thanks for the reply, I didn't sign any agreement before the test drive , so I guess I'm clear by the sound of things.
I'm still gonna pay the excess, like you say its on my conscience. I was more worried about being sued for personal injury or insurance shortfalls for the value of the car.
Thanks again
Steve

Brendan Hughes

Steve

As you have those thoughts, you might want to cover yourself and agree that you will pay the excess provided it absolves you from all current and future claims related to the accident.

Be irritating to pay that and then have someone sue you for a back injury, wouldn't it?

Glad you're all OK

BJH

Scooby Doc

Sounds like you had quite a moment.

So would you say P1's suffer from lift off oversteer?

I think you should seek some legal advice here. I agree that as you have signed nothing that you should not be legally liable for the excess. However I would be concerned that to start paying up may actually be seen as an admission of liablility. Be careful.

Let us know how things work out. Glad to hear you walked away. Do they crash well? - hoping never to find out!

Martin

Butty

iTrader: (2)

Glad no one hurt.
Do you know which breakers it is going to as I could do with some trick bits??

H

SteveM

The dealer must love you...there he was thinking he was getting a wedge of cash...instead you roll his P1!!!

Do you think he will let you thru the door again?

In a worse case scenario....could't he take out a civil action for you to pay the entire amount? After all it was your fault, no other vehicles, etc

Were the police involved? Driving without due care, etc?

Diablo

Steve.

TAKE LEGAL ADVICE.

Cannot stress that enough. Paying the excess may well be seen as an admission of liability.

Pay it, if and only if, you get the dealer principal to sign a waiver admonishing you from ANY liability whatsoever. Get the salesman with you to sign one as well.

Cannot stress how important that is.

Glad you're ok, though

Cheers

D

GCollier

Another P1 and yet another impreza bites the dust, *sigh*.

Glad you're unhurt, but it does sound like you were driving too fast for the conditions. No wonder there's so many threads here bitching about insurance going through the roof....

SteveM

Thanks for all the replies and sympathy ( not that i'm sure I deserve it).

I have sort legal advice and am in the process of sorting it out now. As for the rest of the comments I'm not sure I want to reply at the moment until everything is settled up, you never know whose reading these threads.
Needless to say, at the moment I am seriously considering selling my scoob and buying a Lada, i'm driving again but a bit gingerly at the minute.
Thanks again SteveM

millband

Wow! Glad you're OK (esp. as I am a "Steve M" too!).

There seems to be a spate of Scooby crashes among BBS members at present, which is making me nervous as I'm going to do 1000 miles around Scotland next weekend with the sole intention of driving fast on remote roads. Maybe I'll temper my enthusiasm a bit.

Do you think Subaru built in a "self destruct" to increase the market for the MY01?

Steve

merlin

Glad to hear you're ok. After my accident I've also thought about selling and moving on. The girlfriend has even started calling the scoob, the 'beast'.

It's great fun to drive the car quickly, but it's too quick for me to enjoy in safety on the public roads. Track days are an option but I'm not sure if I need the hassle. Lift off oversteer is also a major concern. Sometimes you do have to brake mid corner as I have found out. Then there's the expense & all the exotic holidays that I could be enjoying without the scoob

Trout

iTrader: (1)

Steve - sorry about your incident - it is a timely warning to anyone taking a test drive.

Having done a bunch of test drives in the spring and having to buy yet another car now - dealers can be terribly lax in advising you of your rights and insurance requirements.

Make sure you are clear before you start, especially if you are taking the car out on your own (Lexus, for example, assumed I would insure the car, Audi do the same for extended test drives).

Anyway - Steve - if you feel compelled to pay the £400, you can do so if you attach it to a cover letter clearly marked in BIG LETTERS, 'WITHOUT PREJUDICE'.

This means that you are making an ex gratia payment as requested and that you are making that payment without any admission of liability. You will see many insurance payouts described as without predjudice, therefore each claim, or element of claim is treated on its own merits.

R

PS Make sure that you do get quality counsel - I draw the parallel that if the dealer were driving and you injured your back - you would, no doubt encouraged by everyone here, sue his **** off.

[This message has been edited by Rannoch (edited 20 November 2000).]

Darren Thompson

That’s the 2nd P1 I have heard of being wiped out this weekend, the other belonged to a bloke in Buxton who hit a wet grid and the rest was history. He is also talking about leaving the Turbo world behind.

Darren.

RichS

SteveM

Glad you're okay!

It's good that you've chosen to seek legal advice - if you're going to do the 'honorable' thing and pay up (my hat off to you Sir!) it would be a damn shame if you were later hit with an injury claim!

Cover you're back!


Rich

BarryK

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by merlin:
<B>
It's great fun to drive the car quickly, but it's too quick for me to enjoy in safety on the public roads. [/quote]

What, so this car you bought has a mind of it's own and is beyond your control? Don't make me laugh.

I agree with G Collier's point. Don't drive it so fast (read dangerously). In fact please don't drive one at all for everyone's safety.

If some "members" were reading these posts on the RS owners board, they'd all be labelling the crashers as "*****", "boy racers" etc.

No wonder the authorities have seized on speed as an issue is it?

I'm glad nobody was hurt, especially nobody else using "your" road. I live in fear of meeting somebody suffering from "lift off oversteer", "involuntary understeer" or some other such excuse for crashing into me or my family.

I know all the "accidents will happen" etc. excuses, but you are openly admitting to driving too fast for the conditions eg. from a wet bend to hitting at hedge at 75mph, ie. entered the "wet" bend at 75 mph plus.
What do you expect?

merlin

BarryK, not sure why you quote myself then go on to discuss Steve. Anyway, my posting at