Loaned bike Liability - Kawasaki Forum ::
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post #1 of 2 Old 01-07-2008, 06:57 AM Thread Starter
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Join Date: Mar 2006
Location: Redmond, WA
Posts: 4
Loaned bike Liability

This seemed like the best place to put this.

I helped a friend buy a motorcycle, it was going to be left in my name till he repaid. Before he could repay the loan he crashed the bike. Well long story short, our friendship fell threw before he repaid one cent. I signed the bike over to a different mutual friend of ours cause the first friend was going to sell it to him and then repay me, the title went from me to the second friend and not through the first.

Well the friend I signed the bike over to paid the original friend for the bike and the original friend never repaid me. After several request for repayment and getting the "I'm busy I'll pay you later" run around, I filled a small claims for the bike, my helmet he was wearing and other things. Well he got the summons and came out of left field now, stating that I can take a hike. He says that the bike was never in his name and it wasn't his, that I should have had insurance for the helmet and bike and it is not his fault I didn't.

He then said that he wants repayment for his medical bill, lost wages and such if I purse the court case. (For the record he did not have a motorcycle endorsement but stated that he had a learners permit but didn't and lied to a police officer on a non-related traffic stop that he got the endorsement the day before and it just hadn't went through the system, the officer didn't issue a ticket and sent us on our way after a stern warning.) Also I was not present during the accident and the stated cause of the accident in the police report was excessive speed which he pleaded guilty to. The only damage to property was the bike, him and a highway medum (which he was fined for and he paid). No private property or other people were damaged or hurt.

Does anyone know if he has a clue what he is talking about, with me being liable and wanting to pay his medical bill and lost wages when it was his fault for the crash. I plan on talking to a lawyer but also thought someone here might have some knowledge before I talk to costly student of the law.

Other small thing FYI:

He said that my case would be tossed out stating that this is pay back for him hurting me and other friends which is not the case, money is the reason. I don't see how this is true but I'm just trying to paint a picture.

I have the friend who paid him, willing to come to court and he knows everything and is willing to testify and bring a check stub for part of what he paid the rest was in cash.

There was nothing written stating the loan or terms before hand, though I have the email saying he would repay me when he got back in town after the fact. And my witness knows the terms of the loan and will say so in court.

Any other tips or input about the case would be appreciated.
Bmpugh is offline  
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post #2 of 2 Old 01-07-2008, 05:51 PM
Join Date: Aug 2002
Location: NW NJ
Posts: 5,910
IMO you are right and he is wrong. I'd bet it plays out that way in civil court. Get a attorney that specializes in this topic, that's my best advice.
Bigsaint is offline  

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