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Abstract

Every American is familiar with the vehicular test drive, and many consider the opportunity necessary in the search for the “car of their dreams.” Currently, a straightforward legal status quo governs Illinois test drivers in the event of a third party liability claim: the high coverage limits of dealership insurance remains primary over any insurance of the driver. Nevertheless, the author of this Comment urges legislative and judicial reconsideration of Illinois test driver treatment. Without significant reevaluation of insurer primacy and the coverage dichotomy between dealerships and test drivers, the right of dealerships to contract is substantially impaired, injured third parties are not provided with a sufficient sense of compensatory expectation, and negligent test driving is inadequately deterred.

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