Accident on snowmobile

[PANGWIFE]

What is the name of your state? PA

My son was at a friend's house and was riding their snowmobile. He has had no prior experience on one (he is 16). While riding, he was making a turn, and hit a concealed small concrete wall. He caused major damage to the sled. My question is, Legally, what am I responsible for? I offered to pay for the repairs. Now, they are thinking of selling it as it is, and making me pay the difference of what they paid for it, and what they get from the sale. I do not have a lot of money to play around with, and want to go the least expensive route. I tried to have a family member look at it and help with repairs, but they did not take it to this person's house so that he could see it. They say it is not their responsibility to get it there to be repaired. I have no way to move it, and they have a trailer, and vehicle to move it. I have been waiting for them to get information to me, and I am tired of waiting. I want to do some research on my own. Help me please with any information that you may have on a situation like this.

[djohnson]

I think your offer is very generous. I wouldn't agree to paying the difference in what they get for it messed up and what they paid for it. That would not take into account normal wear and tear or anything that they might have done with it. Because they gave him permission to ride it knowing he had no experience I think a percentage of responsibility would also fall to them. I personally wouldn't agree to the deal they are offering you. I would try to work something else out or let them take you to court and leave it up to the judge.

[Lynx 36]

Originally Posted by PANGWIFE

What is the name of your state? PA

My son was at a friend's house and was riding their snowmobile. He has had no prior experience on one (he is 16). While riding, he was making a turn, and hit a concealed small concrete wall. He caused major damage to the sled. My question is, Legally, what am I responsible for? I offered to pay for the repairs. Now, they are thinking of selling it as it is, and making me pay the difference of what they paid for it, and what they get from the sale. I do not have a lot of money to play around with, and want to go the least expensive route. I tried to have a family member look at it and help with repairs, but they did not take it to this person's house so that he could see it. They say it is not their responsibility to get it there to be repaired. I have no way to move it, and they have a trailer, and vehicle to move it. I have been waiting for them to get information to me, and I am tired of waiting. I want to do some research on my own. Help me please with any information that you may have on a situation like this.

Your offer to repair was generous. If they want to play hardball then I wouldn't give them a dime. Tell them to turn it into their insurance co. They gave your son permission to ride the snowmobile. They also assumed responsibility by giving him permission to ride it. Insurance follows the car, boat, snowmobile etc. Since your son had permission from the owner their insurance co. will take care of the repairs (unless there is some type of exclusion).

If they don't have insurance tell them to take you to small claims court. The worst that can happen to you is that you would have to pay repairs (which you've already agreed to do.) It is their responsibility to have it repaired since they are the owner. Again, you are not even responsible f/ the repairs as they gave your son permission to ride it. They also cannot make you pay them the difference after they sell it either.

[teflon_jones]

as djohnson said, you only need to pay what it takes to get the snowmobile fixed, not the difference between what they can get now and what it cost new.

[PANGWIFE]

Although the sled is a 1999, they had purchased it only a week before it was wrecked. So, it was new to them. The price that they would want me to make up the difference is their purchase price and not the price brand new.

[teflon_jones]

Originally Posted by PANGWIFE

Although the sled is a 1999, they had purchased it only a week before it was wrecked. So, it was new to them. The price that they would want me to make up the difference is their purchase price and not the price brand new.

Well, you're still only responsible for the cost of the repairs, not the difference in their purchase price versus what they could sell it for. Your responsibility to them is to get the snowmobile back to the condition it was before the accident. If they don't want to take it to get an estimate for that, that's their problem. It's not your responsibility to get an estimate.

[Lynx 36]

Do what you want, but I still wouldn't give them 100% f/ damages. They have to assume some responsibility f/ letting him drive it. Like teflon said you only have to pay to put the snowmobile back into pre-loss condition. More importantly, you are not required to give them the purchase price. If they insist, then let them take whatever action they think is necessary.

[PANGWIFE]

Thanks for all your thoughts. I greatly appreciate it.