Motorcycle Accident

What is the name of your state? Florida

Ibought my ex gf a brand new car in nov. for her birthday so when christmas time came around she bought me a brand new motorcycle. i recently wrecked the motorcycle and totaled it. we have recently broken up as well and now she doesnt want any responsibility for the bike. she is threating to sue me b/c i was driving the bike and it was in her name. i dont feel like im responsible at all due to the fact that it was a gift. i dont have any way of proving it was a gift but it was. my question is there any way this bike can come back on me even though there is nothing about it in my name?

If the accident was your fault, it was your negligence the totalled the bike. You are liable for the cost of the bike. Doesn't matter who the registered or legal owner is or who was making the payments. The issue of it being a gift is totally irrelevent.

Liable to who, though? Like, if he just wants to accept the loss and not fix the bike and do without it, can the XGF sue him for the cost of the bike?

I'm guessing that the problem is either
1. the deductible that she wants to be reimbursed for
2. she didn't have insurance, the vehicle was involved in an accident, and now she's in trouble about the no insurance part, and is therefore going after him to recoup some of her fines, costs associated with no insurance AND she wants him to pay for a new bike since this one was totalled

He is liable for the at fault accident. She is liable to be sued as the owner of the vehicle.

OP doesn't say what he doesn't feel responsible for, only that he doesn't want to be held accountable for his actions.

so by that if she bought me a cell phone and i lost it, i have to pay her back for it?

walt0023 said:

so by that if she bought me a cell phone and i lost it, i have to pay her back for it?

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If she has a contract, and its in her name, then ITS NOT A GIFT; its not YOURS, and it NEVER was. It may have been yours to USE, but it didn't belong to you. If the motorcycle was not in your name, then it didn't belong to YOU. Title is ownership.

so what yourr saying is im basiclly screwed in this situation and im going to be responsiable for the cost of the bike?

walt0023 said:

so what yourr saying is im basiclly screwed in this situation and im going to be responsiable for the cost of the bike?

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Were you found to be responsible for the accident? Is there a loan on the motorcycle? Did the motorcycle have insurance on it?

motorcycle did not have insurance and i recieved a settlement from the ladys insurance company but it didnt even cover half my medical bills, i just dont know what to do now b/c i have 75000 in medical bills and i guess another 15 for the bike.

walt0023 said:

motorcycle did not have insurance and i recieved a settlement from the ladys insurance company but it didnt even cover half my medical bills, i just dont know what to do now b/c i have 75000 in medical bills and i guess another 15 for the bike.

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Now, this makes no sense. You were NOT AT FAULT? You accepted a settlement that didn't pay all of your bills, let alone the damage to the bike? HUH

Now that you've accepted a settlement, you can't go back and ask for more.

Okay, you are not responsible for the damage to the bike if you were not at fault. The person that was at fault is response. Hmm, but you let them off the hook.

i didnt see a dime from the settlement due to my medical bills, plus at the time there was no talk about me paying the bike off because it was a "gift"

walt0023 said:

i didnt see a dime from the settlement due to my medical bills, plus at the time there was no talk about me paying the bike off because it was a "gift"

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If you were not at fault, regardless of the GIFT situation, your GF should have been compensated for the repairs/actual cash value of the bike. Someone hits me, destroys my bike, and then doesn't reimburse me me for it??? That doesn't make sense.


Something is fishy in your story.

please explain what is fishy?

moburkes said:

If you were not at fault, regardless of the GIFT situation, your GF should have been compensated for the repairs/actual cash value of the bike. Someone hits me, destroys my bike, and then doesn't reimburse me me for it??? That doesn't make sense.


Something is fishy in your story.

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if i do become responsible for it am i responsiable for her pay off or the value of the bike?

You were involved in an accident that was not your fault. You are injured, and the bike is totalled. The insurance company is able to "settle" the claim for less than the amount of your injuries. Your insurance WOULD have paid up to $10k for medical, but you didn't have any. If she had liability, my guess is that the entire limit would have been paid out in an accident with a motorcyclist. Instead, you state that you settled. You don't mention a lawyer. And you certainly didn't say anything about getting the $ for the bike. That is what insurance is for! This scenario makes no sense, REGARDLESS of WHO OWNS THE VEHICLE.