I got a question, what happens if the renter fails to complete the Report of Motor Ve

[justalayman]

What's the question now? I don't see one.

The driver must complete and submit the MV-104. The only time a registration would be suspended is if the operator was the owner as well.

The ultimate question appears to be;

Does the op need to be concerned with any negative action against him if the driver does not complete the mv104.

 

[justalayman]

The ultimate question appears to be;

Does the op need to be concerned with any negative action against him if the driver does not complete the mv104.

There is also an underlying question regarding the fact there was aspparently no report of the accident made to the police. I suspect there are requirements regarding reporting an accident to the police. If my suspicions are correct, does the op need fear any negative actions if the accident was not reported to the police.

 

[HighwayMan]

The OP need not do anything - there are no reporting requirements for the vehicle owner, only the operator.

The only thing he needs to be concerned with is his own insurance company and whatever requirement they may have.

 

[HRZ]

THe OP best wise up and figure out how to collect from the renter as to any damages ?

 

[DOY]

Is that a serious question? What's the point of a helmet? Are you saying it is yours? If you were paid for it already then what's the point?

The point of the helmet was I thought the helmet might be useful if I need to sue for compensation for the repairs. I was fully compensated for the Bell helmet, but the renter did not compensate me fully for the repairs needed to repair the crash yet. The Riders-Share.Com Cofounder told me to keep the Bell helmet, so I am a bit confused. I got another question, can I still sue the renter who crashed my motorcycle if there was no police report?

 

[justalayman]

Yes you can sue without a police report. It could be more difficult to prove your case if the driver dispute anything m.

 

[ecmst12]

A police report is irrelevant to a lawsuit. It's not admissible evidence in court.

 

[justalayman]

A police report is irrelevant to a lawsuit. It's not admissible evidence in court.

argue with YAG

A few thoughts (for both CA and NY):

Police reports CAN be admitted as evidence "for the truth of the matter asserted", and particularly in small claims, which has about the same rules of evidence as the Wild West, frequently are.

As illustrated in the post above, if both sides consent to the admission of the police report, even though it can be hearsay and thus, non-admissible, then it comes in. (In lawyer-speak, an objection is waived unless raised). Other times, the police report can be used for purposes other than who is at fault. Things like impeachment, or to establish the presence (or lack thereof) of a particular person at the accident site come to mind. (Although even then, the safe practice is to subpoena the authoring officer).

I'll save the discussion of multi-level hearsay in a police report for another day

https://forum.freeadvice.com/auto-accidents-vehicle-claims-1/going-small-claims-court-car-accident-case-387966.html

 

[ecmst12]

There may be exceptions, but it certainly isn't necessary or even important to have one.

 

[justalayman]

There may be exceptions, but it certainly isn't necessary or even important to have one.

Your blanket statement didn't allow for exceptions

It is generally beneficial to have one.

 

[ecmst12]

I disagree that it's beneficial. It probably won't help.

 

[justalayman]

Fine. Continue your petty little argument. It's moot in this situstion anyway since there isn't one so I'll not waste my time explaining why and how it can be beneficial.

Want the last word? Have at it.

 

[DOY]

I got another question, is 3 years the maximum time I can start the case or the case

I got a question, is 3 years the maximum time I can start the case or the case must be solved?

 

[justalayman]

I got a question, is 3 years the maximum time I can start the case or the case must be solved?

I assume you're speaking of the statute of limitations. I am taking your time stated to be accurate but a court action must be filed prior to the expiration of the time.

 

[DOY]

I assume you're speaking of the statute of limitations. I am taking your time stated to be accurate but a court action must be filed prior to the expiration of the time.

I got another question, I was curious, can I appeal if I lose the case? If yes, does the appeal also need to be within 3 years from the crash?