‘Slap a Oreo Sticker and Call it a Collab:' Woman Test-Drives Brand-New Black Toyota Tacoma. Then She Runs Over White Paint
Grijalva's video begins with a recording of a black Toyota Tacoma that appears to be in pristine condition. That is, save for the flecks of white paint on its front driver's side bumper and tire. However, as the TikToker pans further along the side of the vehicle's body, the horror begins to set in. The paint isn't just restricted to this singled-out area of the car.
A gob of white paint caps the tip of the Tacoma's step bar, with a splattered flourish of ivory speckled beneath Tacoma signage.
Grijalva's lens continues to travel across the Tacoma, revealing that the paint made its way onto the rear tire, along with the underside of its back wheel well. Finally, the tip of the exhaust was shown to also be rocking some white paint.
She explains in an on-screen caption why the pickup ended up looking like Jackson Pollock collaborated with the Japanese auto manufacturer: 'When you go test drive the new Tacoma and run over a white paint can.'
Who Is Responsible for Damage During a Test Drive?
Some folks may feel their heart sink just thinking about being in Grijalva's shoes. However,
Legal Clarity
states that test drivers behind the wheel of a dealership vehicle are generally covered under 'secondary coverage.' This means that in many cases, any damage sustained to a ride is largely covered by the dealership itself. That's because, as Legal Clarity puts it, a car seller 'must carry 'garage liability insurance' to protect their vehicle[s].'
It appears there are some online outlets, however, that aren't as confident as Legal Clarity that the dealership is going to handle the repair bill for damage to a new ride.
The Sun
reported a story about a woman who took a 2019 Kia Forte home to assess whether or not it would fit inside her driveway. When she brought the car back to the dealership, it was covered in scratches. Ultimately, she was found at fault for the damages and was on the hook for $1,000.
The car seller from that story said he spotted the woman at a gas station in a brand new Fiat that had similar scratches on its backside. She incurred the same exact damage to the car, but this time, she elected to purchase the vehicle, presumably because she didn't want to drop another band in repairs without coming home with a ride.
The Sun
went on to say that drivers who find themselves in an accident during a test drive should treat it like any other accident. Notify the police and 'exchange insurance details if another party is involved,' the outlet writes.
When Are Test Drivers at Fault?
While the legal-focused website indicates dealerships are often the go-to with insurance claim coverage, this isn't always the case. For instance, if a driver was
found guilty of gross negligence
while testing out the vehicle—say they were under the influence or texting and driving—they could find themselves on the hook for damages.
Additionally, these rules differ greatly if you're test-driving a car from a private seller. In these instances, insurance claims tend to function as they would in a typical road accident, sans dealer.
Legal Clarity says, 'the private seller's auto insurance is the primary coverage.' That's because, as the web page indicates, 'the insurance follows the car.' If that private seller's 'policy does not extend to other drivers' or the damages exceed the policy's limits, then the test driver's insurance will likely be engaged to cover remaining costs, the site says.
Lawyers.com
also notes that a test driver's 'own car insurance transfers to the vehicle [they] … are test driving. So whatever coverage [they] have in place … will typically apply to the car… [they] are test driving.'
Commenters Sound Off
Folks who replied to Grijalva's video had varying opinions on her paint fiasco. One person argued that she could use the white-speckled paint job to argue for a lowered price. 'Now you can buy it for 5k less pay a detailer 300$ to remove it,' they said.
Whereas another remarked that she shouldn't feel bad for the dealership. 'It's fine the markup on that thing is high enough to cover a detail 40x over,' they wrote.
Someone else speculated the car seller intentionally set the paint can up in a way so that Grijalva hit the can and felt compelled to buy it. 'Definitely a set up for sure bro,' they said. Another echoed the aforementioned sentiment, 'It's a set up! They did it.'
Whereas someone else quipped, 'Congratulations on your new purchase love the accent color.'
Motor1
has reached out to Grijalva via email for further information.
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