My Ex totalled motorcycle, Do I assume liability?

I live in Pa but I have filed a civil case in New Jersey.

My ex-boyfriend totaled my motorcycle after I let him hold the bike and now he doesn't want to pay for the damages. I only had Liability Insurance and my bike was worth $6000. I just received the papers today telling me the the summons was served to my ex. Now I'm worried because even though he totalled the bike, do I assume liability if I let him hold it? Please help me!!!

bkb19015 said:

I live in Pa but I have filed a civil case in New Jersey.

My ex-boyfriend totaled my motorcycle after I let him hold the bike and now he doesn't want to pay for the damages. I only had Liability Insurance and my bike was worth $6000. I just received the papers today telling me the the summons was served to my ex. Now I'm worried because even though he totalled the bike, do I assume liability if I let him hold it? Please help me!!!

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What reason is he giving you that he is not liable for the damages?

Happy Trails said:

What reason is he giving you that he is not liable for the damages?

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Thanks Happy Trails for responding!!!

He's a coward. After he dropped the bike off at a shop on Wednesday, he told them he would drop off a deposit of $3,000 on that Friday so the work could get started. When I tried to contact him on the Friday, he ignored all of my phone calls and the shop didn't hear anything else from this guy. So basically he raped my bike and left it to die.

bkb19015 said:

do I assume liability if I let him hold it?

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No. If he was negligent in the use of YOUR property, he is liable for the damages.

JETX said:

No. If he was negligent in the use of YOUR property, he is liable for the damages.

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Thanks so much for replying!

OK, why is he liable? Was there any type of precedent that you're going off of? I'm just asking becasue I'm trying to predict what the judge might come back at me with!

bkb19015 said:

Thanks so much for replying!

OK, why is he liable? Was there any type of precedent that you're going off of? I'm just asking becasue I'm trying to predict what the judge might come back at me with!

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You tell us why he is NOT liable.

How did he total your bike?


As stated, if he were negligent while using your property and damaged it, he is responsible.

If someone else were negligent in causing damage to your property then they are responsible.

How would you feel if you borrowed someone's car and crashed it into a tree, because you were going too fast and lost control. Would you not be responsible?

Did this guy have a history of auto accidents that you were aware of?

Generally you can't be held liable, but there is a line of cases, called "negligent entrustment," usually involving loaning a car to a person with a history of auto accidents, DUI's, etc, where you were aware of or should have been aware of that history, that you put you on the hook for it.

Additional note for the future: Unless you have $6000.00 lying around that YOU DON'T NEED...get full coverage insurance on the bike.

Are YOU willing to eat the loss IF (in the future) YOU WERE TO TOTAL THE BIKE?

Be smart!

badapple40 said:

Did this guy have a history of auto accidents that you were aware of?

Generally you can't be held liable, but there is a line of cases, called "negligent entrustment," usually involving loaning a car to a person with a history of auto accidents, DUI's, etc, where you were aware of or should have been aware of that history, that you put you on the hook for it.

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And of course, that is NOT correct.
The issue is not a claim against her from a 3rd party.... but whether or not the SECOND party is liable for the damages that they caused. "Negligent Entrustment" does not apply in a second party claim.

JETX said:

And of course, that is NOT correct.
The issue is not a claim against her from a 3rd party.... but whether or not the SECOND party is liable for the damages that they caused. "Negligent Entrustment" does not apply in a second party claim.

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I read the question differently. She stated:

I just received the papers today telling me the the summons was served to my ex. Now I'm worried because even though he totalled the bike, do I assume liability if I let him hold it? Please help me!!

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1. She received the papers, so, does that mean: a) that she was also sued? b) why else would she have received papers regarding this incident?

2. I read the second question to mean whether or not she was asking whether or not she could be held liable for the accident in question. Whether she "assume liability if [she] let him hold [the bike]?"

My answer was perfectly correct as to whether or not she could be held liable for the accident: generally not, but the plaintiff could pursue a negligent entrustment action if there was evidence of past accidents/irresponsibility on the part of the ex. I think it would be irresponsible NOT to tell the OP about the possibility of a negligent entrustment action.

Thanks so much for replying guys!! JetX thanks so much for your feedback especially. You ef'fing rock!

The Summons of Complaint from me (the plantiff) was finally served to my ex (the defendant) by the constabule of the court. The Courts sent me the papers letting me know that the papers were finally served to the defendant (my ex) so now he has 35 days from April 4th to respond. If he doesn't respond, the amount I'm suing him for will automatically go into default and he will have to pay. That's what I meant by me receiving the papers.

Now he told me that he had a motorcycle license and it was assumed that he had an excellent driving history.

And yes, from here on out, I will definitely have full coverage if I were to get another bike.

bkb19015 said:

If he doesn't respond, the amount I'm suing him for will automatically go into default and he will have to pay.
.

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Don't get too happy yet. Even if you win, all you win is a judgement against him and the right to collect the money. Collecting it can be a very different situation, but I don't want to pop your happy bubble. Revel in your happiness until you figure out he still doesn't want to pay you. Then you get the enjoyment of doing whatever it takes to collect on the judgement.

justalayman said:

Don't get too happy yet. Revel in your happiness until you figure out he still doesn't want to pay you.

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Geez, thanks for that reality check

Hopefully he won't respond so then I can garnigh his wages.

bkb19015 said:

Geez, thanks for that reality check

Hopefully he won't respond so then I can garnigh his wages.

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Sorry
It sounds like you already understand the process well enough that this wasn't a surprise though.

Good luck

I read it that she was suing him and was questioning whether or not she has a case.

I was trying to figure out why she thought she didn't.

He broke it, now he has to pay to have it fixed.

Good luck!