Canadian Man Damaged Corvette, Argued The Test Drive Made Him A Dealer Employee And Insurance Should Cover It
Proof that common sense isn't so common these days
It may seem like common sense, but test driving a vehicle you're looking to buy does not make you a dealership employee. But, that's exactly what a Canadian man is claiming after he damaged a C8 Corvette during a test drive. After sideswiping a concrete barrier at a Flying J truck stop, Kirby Sewell argued that British Columbia's Motor Vehicle Act meant he was effectively a dealership employee during the test drive and should have been covered by the dealer's insurance policy. Maybe he was just trying to get back at all the shady car dealership that scam buyers, but the court disagreed with Sewell's perception of the law and required him to reimburse the dealership for the vehicle damage and diminished value.
The story starts in 2024 when Sewell ordered a new Corvette Stingray from Gardner Chevrolet-Buick-GMC in British Columbia. During the test drive, he had stopped to take pictures the truck stop, but after doing so, he hit the barrier causing damage to the passenger side of the car. After the test drive, Sewell decided not to buy the Corvette and felt he was not responsible for the vehicle damage, so the dealership sued him and the case went to trial last year.
Sewell's understanding of the law defies common sense
Not surprisingly, the judge ruled against Sewell, and the court ordered him to pay the dealership CA$17,182 (about $12,250) stating that the Motor Vehicle Act "is not intended to protect a negligent driver from their own negligence." Sewell appealed, but the appellate court upheld the judgement, while stating Sewell's reading of the law "defies common sense." Auto News reports that the dealership had to pay about $7,000 to repair the damage and, ultimately, had to sell the car at a reduced price of $82,000. Photos Sewell took of the Corvette at the truck stop were shown during the 2025 trial, and they revealed he had enough space to room the car safely and without damaging it.
In the U.S., car dealerships' insurance policies usually cover prospective drivers during short test drives. However, the dealership may ask to see proof that you have your own insurance, particularly for longer test drives and when a dealer may loan a car to a buyer overnight. If an accident occurs during the test drive, dealerships often absorb the insurance deductible and repair the car, although drivers may be responsible for damage costs beyond the dealership's coverage limits if they're deemed to be at fault. Many dealerships will also require the person test-driving the vehicle to pay the deductible, so if you are going for a test drive, it's worth reading the fine print to understand what you could be on the hook for.