auto dealer in black and red logo
MenuMENU
SearchSEARCH

Dealer Liable for Test Drive Accident, Appeals Court Finds

Citing the doctrine of joint venture, the Colorado Court of Appeals ruled last week that a dealership will be held liable for damages caused by a customer during a test drive.

September 15, 2015
2 min to read


DENVER — A dealership will be on the hook for damages caused by a customer during a test drive, according to a unanimous decision reached last week by the Colorado Court of Appeals.

The court overturned an earlier decision by a district court that said Go Courtesy Ford of Littleton, Colo. — which now does business as AutoNation Ford Littleton — did not owe the customer’s insurer, American Family Mutual Insurance Co., for the damages resulting from the accident.

According to court documents, Go Courtesy Ford customer Kristin Hart, who was accompanied by a salesman, made a left turn in front of oncoming traffic during a test drive and struck another vehicle. American Family paid the claim, but it also filed a negligence claim against both Hart and the dealership to recoup the costs. The insurer claimed that “the test drive constituted a joint venture between Go Courtesy Ford and Hart, making Go Courtesy Ford vicariously liable for Hart’s negligence.”

The district court ruled that the test drive was not a joint venture because Hart and the dealership had “adverse financial interests.” However, the Colorado Court of Appeals determined that Hart and the dealership “shared a common purpose in conducting the test drive itself, notwithstanding their differing financial interests in the underlying transaction.”

This was the first time the joint venture doctrine has been considered in the context of a test drive in Colorado, according to court documents.

Topics:Dealer Ops

Originally posted on F&I and Showroom

More Dealer Ops

two cars on a billboard, No Hidden Fees
ComplianceMay 1, 2026

Dealer Ads and the FTC

The agency has made it clear in recent enforcement actions and warnings, in auto retail and other industries, that advertised prices must include all nonoptional costs to the consumer.

Read More →
Closeup of white car's headlight, front end
Dealer Opsby Hannah MitchellApril 17, 2026

Used Autos Supply Dwindles

The March shopping surge, despite high prices, cut into inventory by the most since the thick of the pandemic, Cox Automotive analysts calculated.

Read More →
hands making protective frame over red car, Risk Reality Check, Be Proactive, Auto Dealer Today logo
Dealer OpsApril 1, 2026

Managing Risk Effectively Through Changing Times

The variables influencing risk pricing have changed significantly over the past five years. Being proactive and responsive to emerging trends is not optional but essential.

Read More →
Ad Loading...
Car key, stacks of coins, and a paper car cutout with AutoPayPlus logo, representing auto financing, loan terms, and vehicle affordability trends.
Dealer Opsby StaffMarch 31, 2026

Survey Reveals What Won't Fix What's Breaking Car Sales

AutoPayPlus says extra-long auto loans are trapping consumers and threatening the dealer trade-in cycle, and that the industry is leveraging the wrong tools to combat high MSRPs.

Read More →
Headshots of two male executives
Dealer Opsby StaffMarch 24, 2026

IA American Appoints Two Execs

Senior vice presidents of the company's agent and dealer channels chosen to support general agents and help auto dealers with sales and performance.

Read More →
Dealer Opsby StaffSeptember 8, 2025

Cox Automotive Acquires Inspection Firm

Full ownership of Alliance Inspection Management, or AiM, meant to unlock growth for Manheim inspection capabilities

Read More →
Ad Loading...
Dealer Opsby StaffAugust 26, 2025

Assurant Expands Partnership With Holman

Extended collaboration delivers training, products and performance development to 30 newly acquired Holman dealerships

Read More →
Dealer Opsby Hannah MitchellAugust 26, 2025

Franchises, Throughput Down in First Half

A handful of states see franchise growth through June, while EV sales per store boost overall business in U.S.

Read More →
Dealer OpsAugust 25, 2025

How to Build a High-Performance Sales and F&I Team

Performance and profits start with people chosen and led the right way.

Read More →
Ad Loading...
Dealer Opsby Hannah MitchellAugust 19, 2025

Buy-Sells Up in Q2

Kerrigan metrics show there’s plenty of demand, though many sellers are waiting to pull the trigger.

Read More →