Who is liable if you crash your vehicle during a road test?

If you are obtaining your first New Mexico license, whether as a new driver or a driver from out of state, you will most likely be required to take a road test. A road test is a supervised driving activity that determines your official capacity to operate a motor vehicle. But what happens if you crash that motor vehicle during your test? Who is liable for any personal injury or damage?

In a word, you. Many are under the misconception that test vehicles are provided by the New Mexico Motor Vehicle Department, but in fact the MVD states that you must provide your own vehicle for the test. The vehicle must be properly registered and of the same class as the type of driver’s license you are pursuing. More importantly, the vehicle must be properly insured and determined to be in good working condition.

If an accident occurs and you or your passenger are injured, then liability for damages and medical expenses falls on your insurance coverage. Needless to say, an accident that requires an insurance claim means you likely will not pass your driver’s test. Your examiner will make detailed notes of the accident, but you should also be prepared to deal with the police in a calm and orderly fashion. Remain at the scene, and take any photographs necessary to document the incident for your insurance claim.

This blog post is meant as an informational and educational reference, and should not be used as a substitute for legal counsel.