My friend borrowed my motorcyle and we had a verbal agreement that if anything happened while in his possession he'd be held responsible. The motorcycle doesn't have insurance b/c its not required. He got a ticket for the accident for reckless driving. Now I'm getting sent a bill for the car he hit and have my motorcycle estimate, that he stated before borrowing if anything happened he'd take responsibility, and of course now he says he's not paying. If I sue him based on the above information is it likely that the judge will make him pay for all the damages? I really need guidance on this please and thanks!
2006-09-19 16:15:14 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Motorcycles
I don't know but I would definitely try. Contact a lawyer or paralegal to help build your case.
In the future, you should make your friends sign something. It sucks, but it's true.
2006-09-19 16:25:49 · answer #1 · answered by Heidi 7 · 0⤊ 0⤋
You probably already know that it was not a smart thing to "not" have insurance because it isn't required. What State do you live in, I want to go there. The "driver is responsible for damage or injuries cause while operation any type of vehicle. Was the traffic ticket in your friends name? If so, get a copy of it from the County Clerk, and then show the judge that he was operating the motorcycle, and he is responsible for the damages and any other liabilities,, So yes, Sue him...He will have to prove he was not responsible for the damages...even though you have proof he was driving.. Also, send a copy of the ticket to the other party trying to make you pay for the damages to the car, then they can go after him....
2006-09-19 23:25:27 · answer #2 · answered by tinytinker79 3 · 0⤊ 0⤋
I've watched a lot of court TV small claims. The "operator" of the vehicle is responsible for all damage. "He" was the person operating the vehicle, not you. The fact that there was no insurance on the vehicle, has no bearing on the case. Even if there was insurance, he would be, by law, obligated to pay the deductible on your insurance claim.
Get a repair estimate from 2 different shops and bring them to small claims court. Bring any bills you received, due to the accident. Sue him for every penny that would come out of your pocket due to "his" accident
Re-ask your question in this section - Politics & Government - Law & Ethics and Law Enforcement & Police
This way you'll get an answer from people that "know" the law.
2006-09-20 12:13:33 · answer #3 · answered by guardrailjim 7 · 0⤊ 0⤋
Morally, yes he is. Legally, it will depend on the judge. Take him to small claims court. Verbal agreements are legally binding. You said he got a ticket for the accident, bring that up in court, it should help prove your case. Take pictures of the damage to the motorcycle, any bills you have received in connection to the accident, and several estimates for repair to the bike. Make sure you have everything in order when you go to court, you don't want to annoy the judge by being unprepared.
2006-09-19 23:23:04 · answer #4 · answered by swtstuf2003 2 · 1⤊ 0⤋
This varies too much from state to state to give you a good answer. In Ohio, all motor vehicles have to at least have state minimum insurance or they will impound the vehicle. As owner, you are responsible if it gets into an accident. You do have the option of taking your friend to small claims court ( or higher if amount of damage is high enough) to reimburse you for all your expenses.
2006-09-19 23:25:48 · answer #5 · answered by Dusty 7 · 0⤊ 0⤋
Yes he was the idiot who had the accident and the fact that he got a ticket for reckless driving really does nothing for him. Make him live up to his responsibilities, why should you pay for someone Else's mistake.
2006-09-19 23:24:34 · answer #6 · answered by Day 3 · 1⤊ 0⤋
Your friend is responsible it should go w/o saying if he is a real friend.I wouldnt get on another persons bike if I couldnt pay that person if something happened to his bike. I always ask for the price I want for my bike before I let someone ride and I want it in full before they take off that usually ends the conversation on letting them ride.But bottom line is if he dont want to pay sue him to the fullest and dont feel guilty cause he is not a friend of yours anyway. 601RYDER
2006-09-20 00:37:56 · answer #7 · answered by ryder601 1 · 0⤊ 0⤋
You are liable believe it or not. you knew that it was not insured and you let him. there is no such thing as a verbal liabilty agreement. thats why there is insurance. if he killed hisself you again are liable. hurt anyone its your fault. you shouldnt have let him ride. you were lucky. but you CAN sue him for it.
2006-09-20 11:05:29 · answer #8 · answered by Stan 3 · 0⤊ 0⤋
legally your going to be held responsible for it,,because its in your name and its registered to you,,anything he did with it,your liable for it,,even though you and he had a agreement on it,,if it wasn't in writing your going to have to pay the bill for it,and if it goes to court the judge might rule for you,but its a gamble and if you loose your going to have more bills to pay out,,i wish i could have given you better news,but there isn't any in this situation good luck with it,,i hope it works out good.
2006-09-19 23:24:04 · answer #9 · answered by dodge man 7 · 0⤊ 2⤋