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Responsible for wrecked ATV accident?

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X

Xtrude64

Junior Member
What is the name of your state? CA

Hello,
I was on someones property where they offered an ATV to ride to me.
I went up a hill that apparently was too steep, and the ATV flipped over and rolled down the hill and wrecked.

The owner of the land and the ATV asked if I was ok, and told me that several people had wrecked on his quads, and that he just was happy I was ok.

I asked him to find out the damages and I would do what I could to make good on the damage.

He told me it was ok, don't worry about it, he's just happy I didn't get hurt bad.

I kept saying no, I'm sorry this happened, please find out, to which he kept saying don't worry about it.

There were 4 other people who heard this and would agree it was said.

My intentions are still the same to make good on the damages, but now his wife / girlfriend is handling me through email b/c she says he is too busy.

I told her that I don't have much $$ but I could pay at least $100 a month and that I would pay for years if I had to. But if I could afford more then I would pay more on any given month.

I also asked someone if I could borrow the $$ and they said they would lend me $3000 max but they would only loan if the damages was considered payed in full so they knew I would pay them without worrying about another debt. I offered this to her and she freaked about that too, and said no.
She is saying the damages are $6k+ to buy a new one.

She has taken a hard line with me telling me I have to go get a loan to purchase a new one, even though I told her I could not get a loan for several reasons. One of which is a bankruptcy a couple years ago.

She then started to tell me how I need to be more careful with my family and not risk things and stuff like this wouldn't happen.

Obviously this was an accident, and the owner knows this and is apologetic it even happened.

This has all occured through email so I have in writing.

My question is: If this keeps going this direction where she is hardlining me into things I cannot do and unwilling to accept my offers to rectify the situation, can I fall back on the original offer from the actual owner to not worry about it?

I don't want to do this, but I can't deal with the stress this woman is causing my family.

Thanks for any help,

Xtrude64

What is the name of your state? CA
 
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moburkes

Senior Member
You are responsible for returning the vehicle to its pre-accident condition, which does not include the replacement cost of a new one.
 
Zigner

Zigner

Senior Member, Non-Attorney
moburkes said:
You are responsible for returning the vehicle to its pre-accident condition, which does not include the replacement cost of a new one.
Click to expand...
Just a slight clarification...OP is responsible for the cost to return it to it's pre-accident condition, not to exceed the FMV of the vehicle.
 
E

ecmst12

Senior Member
If the ATV is not repairable, then you need to find out what the actual value of a similar model, same age and same condition (pre-accident) would be. That is all you're responsible for. You do not, as mentioned, have to buy her a new ATV.
 
M

MyHouse

Member
What about the property owner's insurance? Is it possible that the damage would be covered and maybe the OP could pay the deductible?
 
O

Ozark_Sophist

Senior Member
There should be insurance on the vehicle (specific ATV policy). Regardless, OP is responsible for damages to the vehicle. Insurance could pay but then subrugate.
 
X

Xtrude64

Junior Member
If the owner told me not to worry about it, that is not binding?

They told me that their homeowners insurance will not cover ATV.

Isn't there any shared responsibility on their part as they offered for me to use the vehicle without my asking and without giving any warning as to what would happen if something were to happen to the ATV?

I do want to pay fairly, but the way she is trying to force my hand makes me feel less entitled to do so.

I am 43 but not a licensed driver. I have seizures therefore cannot drive. But this was on large acreage property on dirt.

I don't know if I would say she is making threats per say, but she is definitely not being nice when all I have offered to do is take care of this.

Thanks for all the responses, is very helpful,

- Xtrude64
 
F

fairisfair

Senior Member
Xtrude64 said:
If the owner told me not to worry about it, that is not binding?

They told me that their homeowners insurance will not cover ATV.

Isn't there any shared responsibility on their part as they offered for me to use the vehicle without my asking and without giving any warning as to what would happen if something were to happen to the ATV?

I do want to pay fairly, but the way she is trying to force my hand makes me feel less entitled to do so.

I am 43 but not a licensed driver. I have seizures therefore cannot drive. But this was on large acreage property on dirt.

I don't know if I would say she is making threats per say, but she is definitely not being nice when all I have offered to do is take care of this.

Thanks for all the responses, is very helpful,

- Xtrude64
Click to expand...

:eek: Oh for crying out loud, I thought you were about 13 years old. Pay for the damages you did.
 
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