we were given travelers checks to hold in case he damaged our bike,he then proceeded to take them back and say he was not going to pay and then turn around and say he was going to sue for hospital bills we have about 6 witnesses to the man saying he knew how to handle this motorcycle, and that he wanted to buy it we also had everything filled out and were on our way to notorize it when he wanted to test drive it.He didn't even make it out of the driveway and shot across the street and into the ditch totally submerging the moto in raw sewage. Then in front of the same witnesses told my husband that its his fault he is going to either buy the bike or pay for damages. What can we do about all this?
2006-09-05 08:04:39 · 12 answers · asked by nikki b 1 in Cars & Transportation ➔ Motorcycles
we have a police report and we already put in a claim with the insurance company, we were going to keep the checks if not for anything but proof of the money exchange but the police told us that if they were not given back that we could have been arrested for theft. Well thats when the guy started talking about his neck and his back, even one of the cops turned to me and rolled haer eyes. But the insurance company said that he could sue he may not get anything but he can sue. But does that mean we will be paying out of pocket expenses for this mans mistake?
2006-09-05 08:13:52 · update #1
oh and my husband worked with this man before that is why he allowed him to test drive it, and yes he is trying to claim the throttle stucbut we have 1 witness that test drove it the day before and 2 from before he got there to try out the bike so the throttle area is covered i hope!
2006-09-05 08:20:42 · update #2
sorry, You need to call a lawyer
2006-09-05 08:10:20 · answer #1 · answered by lanie1713 6 · 0⤊ 0⤋
If this goes to court, it is in thier hands to decide. But to his credibility, if he did not show you his class M permit or lisence before you let him test drive you will have a high probablity of losing. But you are definitely in the right. Though lack of proper procedure will and can make you lose this case. But if he did have a permit or lisense for a motorcycle there should be no way he can win a court case. So that is the best advice I can give because the court system is the only way that you can "make" him pay. Just be concerned about the lisence or permit issue. Other than that, you should not lose. Because I am sure your husband has a lisence and the potential buyer would have required at least a permit to even test drive(one can ride with permit if followed or accompanied by a person with M class lisence)
I just read your added details. With no proof from the hospital claiming he was injured, the claim would be false. He has to have documented proof of his injuries. And if he tried to sue, you can counter sue for false claim. And that one you will definitly win. But the other case still has the issue with if he had a permit or lisence. I guess it is all about how good is the lawyer. Talk to one that does free cases. The ones who don't get paid unless you win. I think in that case, you have nothing to lose. And a verbal contract is just as good as a written one as long as there are witnesses(at least one). So the problem of you keeping his checks should be legit depending what was the verbal contract. You said you have witnesses. I think the cop is wrong with this one. Just because they are the law does not mean they get it correct all the time. But I also can be wrong. Talk to a lawyer for a free consultation and see what they say. My best advice.
2006-09-05 08:14:54 · answer #2 · answered by Mitchell B 4 · 0⤊ 0⤋
If the man PUT checks in your hand,,,,THAT , is a binding agreement,,,you're going to need a lawyer either way it goes,,,but the fact that money WAS exchanged is the KEY,,,,,all of the other things will turn out to be "your word against his",,,so witnesses will have to be subpoenaed and it will probably drag out for quite some time,,,,the problem is,,,you are simply a defendant and most likely he would be able to hire a contingencey lawyer,,,meaning it won't cost him anything , unless because his attorney will try to sue the pants off of you, and he'll get a large percentage,,,,,,unfortunately,, you're going to have to PAY for your lawyer outright,,The best you could hope to get out of it,, is enough money to fix up the damage he did,,,,,,on the other hand,,,if he wins, he could end up with tens of thousands of dollars from you,,,,,Good Luck
2006-09-05 08:38:17 · answer #3 · answered by Dr. Biker 3 · 0⤊ 0⤋
-Keep good records.
-Date & time of incident
-Police report
-Repair estimates - on company letterhead or repair order, itemized.
-Repair Bill if it is fixed.
-Kelly Blue book values of bike then and now - photo copys.
-File a claim in small claims court. Most courts have a claim limit of $5,000.
-When your case comes, bring any and every thing you could possibly imagine that pertains to your bike, insurance, registration, bill of sale when initally bought.
-Before and after pictures of the damage.
-You can never be "over" prepaired.
-Watch some court TV programs so you'll know what to expect.
Judge Judy, Judge Joe Brown, Judge Hacket, The Peoples Court.
Good luck
2006-09-05 09:23:13 · answer #4 · answered by guardrailjim 7 · 0⤊ 0⤋
That really sucks. No crime was committed so I don't know if the cops can help. Civil court (sue his ***) is the only way I know.
Until then you're stuck cleaning up the bike. Keep receipts for everything. Good luck.. hopefully he pays up.
2006-09-05 08:14:58 · answer #5 · answered by KrautRocket 4 · 0⤊ 0⤋
Firstly, inform the police. He is likely to be riding without insurance. Secondly, take him to court. I cant see how he has a leg to stand on.
It was his decision to get on the bike and ride it, therefore he alone is responsible for his injuries and he is responsible for the repairs. The only argument that he could claim is that the bike was faulty.
2006-09-05 08:08:42 · answer #6 · answered by Peakey 3 · 0⤊ 0⤋
The sales individual must be interior the automobile for coverage porpoises. you ought to be coated with the help of the companies coverage offering which you have an entire utilising licence notwithstanding you will ought to sign varieties and in all possibility pay an exess in case you do harm the automobile.
2016-12-18 05:22:12 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Assuming you have insurance on the bike, ask your insurance company what your options are. Sounds like the bike can be cleaned and repaired.
2006-09-05 08:12:42 · answer #8 · answered by gary o 7 · 0⤊ 0⤋
The best thing to do is get a lawyer
2006-09-05 08:06:37 · answer #9 · answered by drunken monkey 3 · 0⤊ 0⤋
Dang, you have raw sewage across the street from your house???
2006-09-05 09:25:04 · answer #10 · answered by Fartblossom 4 · 1⤊ 0⤋
Contact your insurance company.
Course, I don't think you thought to check his drivers license to see if he was licensed to drive a motorcycle, did you?
2006-09-05 08:11:57 · answer #11 · answered by ICG 5 · 1⤊ 0⤋