And the owner can't even get a new car. He can only get damages.
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In this case he definitly will as the car was totaled and this would be covered under the dealerships insurance.
Normally, well that depends...
Story time... Way back when I ordered a new mazda 6.. Blue instead of the black I ended up with. Price was just ok.
I came to the dealer to sign the final paperwork and take her home only to discover someone hit and ran in the parking lot. I walked. A weeks later the dealership offered me a fully loaded black one for the same price. Drove it for 3 years.
If the dealership driver was breaking the law the new owner could sue the dealership for negligence. Kinda like when you leave your car at a car shop and they wreck it during a joy ride, hed probably win and may even end up owning the place in the states.