Who Pays When a Test Drive Ends in Engine Failure?
A test drive gone wrong ended in a catastrophic engine failure, and the used car sales manager insisted the customer should be on the hook for the major repair bill. But she fought back.


If a car dealer lets you take a car out for a test drive and it suffers catastrophic engine and transmission damage, are you responsible for the repair charges?
Note, I didn’t say, “Because of something that you did wrong,” rather, that it experienced a breakdown that occurred while you were driving the vehicle.
Confused? So, too was my reader, “Alissa” who lives in a suburb of Los Angeles, not far from one of most picturesque and yet dangerous sections of freeway on Interstate 5, which connects Southern California with the Central Valley.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Known as the Tejon Pass, often called the Grapevine, it is a steep 5½ mile, 6% grade at the northern end of the pass that makes national news every winter when it is shut down due to ice and snow, stranding thousands of motorists and big rig drivers.
In summer, it can destroy a vehicle’s engine and transmission if they are in poor condition. It has two runaway truck ramps. All of that said, coming down I-5 is one of the most dramatic drives I know of and never tire of the experience.
Found the ‘Ideal’ Used Compact Sporty Car
“I was looking for a low-mileage, automatic, sporty car from Detroit and found a 2013 model year that I thought was ideally priced at $15,000 at a car dealership in Los Angeles. They photocopied my ID and driver’s license, handed me the keys and said, ‘While this particular model is no longer being manufactured, it was seen as Detroit’s answer to BMW and Mercedes. Take it anywhere you like.’
“I have family who live in the Central Valley and know the Grapevine like the back of my hand. After reaching the summit at about 4,000 feet, I began my descent, and shifted into a lower gear as I have always done. This is called ‘engine braking’ and allows the transmission and engine to slow the vehicle so you don’t run the risk of brake-fade.
“At first the car behaved normally, slowing down a bit, but then, in shifting to a lower gear, suddenly things went very bad quickly. The tachometer – showing engine RPM – began climbing towards and then into the red, at over 7,000 RPM and finally the needle was pinned at the end of the tachometer.
“I tried to up-shift, but nothing happened except this horrible, horrible sound developing. Next, I heard what sounded like an explosion, with smoke billowing from the car. I pulled off the freeway and onto the shoulder, heard more strange, ‘crunching’ sounds, then the car completely died.
“I phoned the dealership and they sent a tow truck. Later I learned that both the transmission and engine were ‘blown’ by over-revving.”
‘It’s Your Fault Because of Downshifting’
“Mr. Beaver, the used car manager, both in a letter and screaming at me on a telephone call, is insisting that I pay for repairs to the vehicle. ‘You use a car’s brakes to slow down, not by downshifting!’ he repeated.
“But this was an automatic, not a manual, and I have always downshifted automatics when descending the Grapevine with no problem. Can you help?”
‘Trying to Scam Him,’ Were the Comments from Auto Mechanics
I spoke with mechanics at transmission shops from across the country and with technicians at dealerships that sold this particular brand of luxury vehicle. They all agreed that unless there is a defect, an automatic transmission will prevent you from over-revving your engine by up-shifting automatically or by not allowing you to shift to a lower gear if there is a potential to over-rev.
Said a technician from Denver: “Automatics manufactured over the past several decades will not allow themselves to self-destruct. If you are driving at freeway speed and try to shift your car into the wrong gear, it won’t. It may shift to a lower gear than what you are in, but will not allow itself to cause the engine to over-rev.”
However, they all stressed, that, while most cars with manual transmissions have a rev limiter – or other components that prevent over-revving – nothing will stop you from downshifting into the wrong gear and accidentally over-rev the engine. “That’s why it’s important to always take into account how fast your car is moving before deciding to downshift into a lower gear in a manual,” every mechanic pointed out.
Before I gave them the model, technicians at dealerships that carry the brand of car my reader drove said, “You’re talking about the XYZ, right? That car had tons of transmission problems.”
Also, they all agreed with Alissa that it is perfectly appropriate to use “engine braking” as way to help slow the speed of automobiles and big rig trucks on roads like the Grapevine.
A Little Chat with the Dealership’s Owner
It was evident that either the used car manager was clueless about anything mechanical, or was trying to bluff my reader into paying for something that was not her fault.
In conversations with auto dealer friends of this column, the conclusion they all reached was that asking the customer to pay for repairs was so wrong as to risk the Department of Motor Vehicles or District Attorney Consumer Fraud Departments getting involved.
In summary, they said:
“When a used car suffers a catastrophic breakdown on a test drive – especially a car almost 10 years old – unless you can prove the customer intended to harm the vehicle, you weigh the cost of repairs against just offering it to an auction lot, or having it declared scrap.”
Armed with that information, I phoned the dealership’s owner. Not only was he unaware of the facts of this case, but when informed what his used car manager was doing, became very upset.
“It is plain wrong! Please tell your reader that I am so sorry she was put through this nightmare and that if she still needs to buy a car, to pick one out and arrange to speak with me. I will make things right.”
I conveyed that information to Alissa, and it is my understanding that she will take him up on the offer.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
Key to Financial Peace of Mind: Think 'What's Next?' Rather Than 'What If?'
Even if you've hit your magic number for retirement, it's hard to stop worrying about money. Giving it a clear purpose is one way to reduce financial anxiety.
-
Three Estate Planning Documents a Business Owner Can't Afford to Skip
A business owner's estate plan should protect the company and its employees as well as the entrepreneur's heirs. These three documents are critical.
-
Key to Financial Peace of Mind: Think 'What's Next?' Rather Than 'What If?'
Even if you've hit your magic number for retirement, it's hard to stop worrying about money. Giving it a clear purpose is one way to reduce financial anxiety.
-
Three Estate Planning Documents a Business Owner Can't Afford to Skip
A business owner's estate plan should protect the company and its employees as well as the entrepreneur's heirs. These three documents are critical.
-
Opportunity Zones: An Expert Guide to the Changes in the One Big Beautiful Bill
The law makes opportunity zones permanent, creates enhanced tax benefits for rural investments and opens up new strategies for investors to combine community development with significant tax advantages.
-
Five Ways Retirees Can Keep Perspective Through Market Jitters
Market volatility is a recurring event with historical precedents (the dot-com bubble, global financial crisis and pandemic), each followed by recovery. Here's how people who are near or in retirement can navigate economic uncertainty.
-
I'm a Financial Strategist: This Is the Investment Trap That Keeps Smart Investors on the Sidelines
Forget FOMO. FOGI — Fear of Getting In — is the feeling you need to learn how to manage so you don't miss out on future investment gains.
-
Can You Be a Good Parent to an Only Child When You're Also a Business Owner?
Author and social psychologist Susan Newman offers advice to business-owner parents on how to raise a well-adjusted single child by avoiding overcompensation and encouraging chores.
-
How Advisers Can Steer Their Clients Through Market Volatility (and Strengthen Their Relationships)
Financial advisers need to be strategic when they communicate with clients during market volatility. The goal is to not only reassure them but to also help them avoid rash decisions, deepen your relationship with them and build lasting trust.
-
The Hidden Costs of Caregiving: Crisis Goes Well Beyond Financial Issues
Many caregivers are drained emotionally as well as financially, leading to depression, burnout and depleted retirement prospects. What's to be done?