I damaged a motorcycle while on vacation in NC. It was parked and I as an invited passenger placed too much weight on an armrest while trying to dismount. It broke and caused additional damage to the paint on the fender (a few paint chips). I offered to pay for reasonable damages incurred, but the person responsible for the vehicle has indicated damage will exceed $1000 for touch-up paint restoration in addition to the $250 part that broke. This bike belongs to someone away from the area and in the care of the party inviting me to ride as passenger. He also was made aware of my bad knees. I am over 6 feet tall and nearly 300 lbs. The passenger seat was not designed for someone of my size and the armrest does have a warning about excess weight, however it was on a label underneath the item and not visible to the passanger area. And since I was a passenger, my insurance company will not honor a claim.
If there was undo negligence on my part and contributory negligence on the party responsible for the safety of the equipment (if what is described is correct), what rights...if any do I have in paying more than reasonable damages incurred?
If there was undo negligence on my part and contributory negligence on the party responsible for the safety of the equipment (if what is described is correct), what rights...if any do I have in paying more than reasonable damages incurred?
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