What is the name of your state? INDIANA
After test driving a motorcycle offered by a private party, the seller demanded the bike was driven to another location. The test drive was complete at this time. While attempting to comply with the sellers demand, the rider was forced to ditch the bike and was seriously injured. Seller had no written agreement and no deposit had been made or accepted. Seller now suing for cost of bike even though damage was minimal. Injured rider acting on good faith sustained $20,000.00 hospital bills and over $20,000.00 in lost work and wages. State law requires vehicle owners to have insurance policy in place as rider has no previous vehicle or policy. See additional facts.
F-1) Seller insists on test drive.
F-2) Seller makes several assurances that motorcycle is fully insured.
F-3) Seller provides helmet for rider.
F-4) After safe test drive concluded, seller demands rider continue operation.
F-5) Sellers insurance agent contacted, seller had been cancelled for non-payment, and was fully aware of such cancellation.
F-6) 4 days AFTER accident does seller admit to lying about coverage.
F-7) Rider had no other vehicle policy in place as insurance agents were unwilling to extend a initial policy for any vehicle not owned considering such a policy to be for a "ghost" vehicle...
Questions:
Q-1) Since seller lied about coverage, should rider be responsible for damages as rider would NOT have ridden with no coverage...?
Q-2) Should seller prevail on damage suit?
Q-3) Should seller pay medical?
After test driving a motorcycle offered by a private party, the seller demanded the bike was driven to another location. The test drive was complete at this time. While attempting to comply with the sellers demand, the rider was forced to ditch the bike and was seriously injured. Seller had no written agreement and no deposit had been made or accepted. Seller now suing for cost of bike even though damage was minimal. Injured rider acting on good faith sustained $20,000.00 hospital bills and over $20,000.00 in lost work and wages. State law requires vehicle owners to have insurance policy in place as rider has no previous vehicle or policy. See additional facts.
F-1) Seller insists on test drive.
F-2) Seller makes several assurances that motorcycle is fully insured.
F-3) Seller provides helmet for rider.
F-4) After safe test drive concluded, seller demands rider continue operation.
F-5) Sellers insurance agent contacted, seller had been cancelled for non-payment, and was fully aware of such cancellation.
F-6) 4 days AFTER accident does seller admit to lying about coverage.
F-7) Rider had no other vehicle policy in place as insurance agents were unwilling to extend a initial policy for any vehicle not owned considering such a policy to be for a "ghost" vehicle...
Questions:
Q-1) Since seller lied about coverage, should rider be responsible for damages as rider would NOT have ridden with no coverage...?
Q-2) Should seller prevail on damage suit?
Q-3) Should seller pay medical?