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!
2006-09-20 15:35:57 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
well, if its your motorcycle you are liable. You could always claim he stole it.
I was hit by a guy who had borrowed a car from his girlfriend, only the car was actually the girlfriend's brother's car, and the brother knew nothing of the lending/borrowing of the car. So he was faced with either saying, "that guy stole my car," or paying for the damages. I don't know which one he chose but I do know that was his choice.
2006-09-20 15:41:36 · answer #1 · answered by Charles D 5 · 1⤊ 0⤋
When operating a motor vehicle that driver must have legal liability insurance in his/her name. Any damages caused at the scene should be handled through an insurance company. Yes he would be responsible if you went to court. Seeing as what you are saying is reasonable a judge would take your side in this case, and even if you can't prove the agreement the other person was in control of the vehicle at the time and assumed all risks. Look into the law on "accidents while test driving someone else's vehicle". Goodluck
2006-09-20 15:41:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Tough situation. Are there any witnesses to the conversation/agreement between you and the m/c driver? If no, things are just that more difficult. Did your friend have a m/c endorsement on his license, if no, did you know he wasn't licensed for m/c? If yes, things are really complex! Go ahead and file the papers in Small Claims Court or its equal in your state for the total damages to the car and your m/c. Be prepared to lose a "friend" over this, however, a real friend would live up to his word. If he wasn't licensed for m/c and you knew it, the Judge may hold you partially responsible for the damages. Be absolutely sure your m/c did not require Ins. when on the public roadway - have a copy of state law stating such when you go to Court. Dump the "friend" and good luck.
2016-03-26 23:51:24 · answer #3 · answered by Kristina 4 · 0⤊ 0⤋
You will be responsible for the other person's car and then you will have to sue your "friend" to try and get your money back. As far as your motorcycle goes it is the same answer. This just happened to me last month with my car but I did have insurance and I will have to take the driver to court to get the deductible which I had to pay.
Lucky for me it was a one car accident and no other cars were involved.
2006-09-20 15:48:46 · answer #4 · answered by storm1 1 · 0⤊ 0⤋
It's your vehicle and you should've had insurance on it regardless of whether or not it was required in your state. As far as the verbal agreement goes, it's your word against his. No judge is going to make him pay when you have no evidence that he agreed to do so.
I agree that I think you just learned a very expensive life lesson and probably lost a friend in the process.
2006-09-20 15:46:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes. All vehicles used on the roadways are required to carry liability insurance. You can also be sued for negligent entrustment.
2006-09-20 15:52:41 · answer #6 · answered by Catspaw 6 · 0⤊ 0⤋
You are responsible. Unless you have some documentation in writing you have no recourse on your..eh....umm.....friend. You are the owner of the bike and you have just learned a very expensive lesson.
2006-09-20 15:39:18 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes he is responsible. The court will see that since the ticket he got is in his name.
2006-09-20 15:43:47 · answer #8 · answered by cindy1576 4 · 0⤊ 1⤋
yes, your friend is liable for damages because he is the tortfeasor, the doer of the act which produce the damage. however, you can be held subsidiarily liable for the damages because you own the vehicle.
2006-09-20 15:45:29 · answer #9 · answered by statices 2 · 0⤊ 1⤋
you are responsible. Sorry for the bad news. It's the law.
2006-09-20 16:18:00 · answer #10 · answered by joy 3 · 0⤊ 0⤋