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 15:51:05 · 23 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes, they are.
2006-09-20 15:51:54 · answer #1 · answered by Shannon T 3 · 0⤊ 1⤋
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.
2006-09-20 16:07:09 · answer #2 · answered by jack w 6 · 0⤊ 0⤋
There are two answers to this question. The ethical one and the legal one.
The ethical one is that of course he is responsible for any damage he caused, both to your bike and to the other vehicle.
The legal one is that if he doesn't pay up, as the owner of the bike, you are ultimately responsible for making good the damage caused by your bike. Then you have to sue him to recover that amount.
Without knowing how much is involved, it's hard to say if this is going to be in small debts court or something larger. It would probably be a good idea for you to check with a lawyer, as laws (especially pertaining to insurance) vary from place to place. If there was personal injury involved, the stakes could get very high.
It's a real bummer when you trust somebody and something like this happens, then you find out your friends aren't quite as trustworthy as you thought. Sorry.
2006-09-20 15:55:59 · answer #3 · answered by old lady 7 · 0⤊ 0⤋
I do not know what state you live in ,but you should always have insurance. I let your friend use the motorcycle and yes you are responsible for the ticket and the damages and the car he hit . you well learn you do not loan money,cars, or motorcycles to your friends. Good Luck.
2006-09-20 15:57:54 · answer #4 · answered by macki4 4 · 0⤊ 0⤋
Verbal agreement will not hold up in court. The owner is responsible. You might not be able to sue him the judge would probably say you let him borrow it by your own free will.
2006-09-20 16:53:05 · answer #5 · answered by santee s 2 · 0⤊ 0⤋
you can take him to small claims court, and expect that your relationship with your "friend" is over. unfortunately, you are still responsible to pay for the car he struck because the motorcycle belongs to you. it would've been a lot easier though if you have insurance on the motorcycle, so you won't pay for all the damages on the car and your motorcycle. your insurance would've covered for some.
2006-09-20 16:03:33 · answer #6 · answered by Chris E 3 · 0⤊ 0⤋
He is liable for the damages but your probably going to have to sue him in order to make that happen. Make sure you get all the documentation you can before going into court. Depending on the amount of damages involved, you may can take it to small claims court, otherwise hire a good lawyer. Find one with a free consultation.
2006-09-20 15:55:25 · answer #7 · answered by mr_fixit_11 3 · 0⤊ 1⤋
It's your motorcycle so you are liable for it. You can try sueing him for the damages. Next time do not let anyone borrow your property.
2006-09-20 15:54:09 · answer #8 · answered by Justsyd 7 · 0⤊ 0⤋
if it is redigestured to you, you have to pay, you would have to take him to court to get him to pay for everything, the fact that he got the ticket helps you. Your are responsible for paying for the dammages so you might go in the hole for a little bit because you might have to start making payments before the case is settled
2006-09-20 16:34:14 · answer #9 · answered by Coconuts 5 · 0⤊ 0⤋
Yes
2006-09-20 15:52:12 · answer #10 · answered by Dev 1 · 0⤊ 1⤋
u should have a written agreement so tat even if u go to court, u'll have evidence. u should prove that during that point of accident, ur fren was the on who rode it and not u.
2006-09-20 15:53:30 · answer #11 · answered by Anonymous · 0⤊ 0⤋