Friend of son rode and wrecked ATV

[sunflowerID]

What is the name of your state? Washington

We went camping Memorial Day weekend and allowed our son's friend (16/17 yo) to ride our ATV. We insisted he wear a helmet and was told multiple times to slow down. He wrecked the ATV, it totaled, however he walked away with minimal injuries. The ATV totaled and based on age was valued at $5500. It was insured and we asked him to pay the deductible ($500). It has been over a month since the accident and we've settled the claim with our insurance company (damages to the bike and helmet). After contacting the young man's mother to have him start making payments, she is now asking that we turn in the costs of his medical tests following the accident to our insurance...the problem is that we've already settled and she is also trying to back out of him paying the deductible. Given that the young man, was driving recklessly, even after advised not to, are we obligated to submit the tests to our insurance? What is our liability?

 

[adjusterjack]

You're not liable for his injuries because he caused them himself. You are free to say no to the mother.

You are also free to sue the kid in small claims court for the $500.

 

[Ohiogal]

The child is a minor who was under your responsibility and control. You owe for his injuries and he owes you nothing as you were negligent in your supervision ...

 

[Ohiogal]

You're not liable for his injuries because he caused them himself. You are free to say no to the mother.

You are also free to sue the kid in small claims court for the $500.

I believe you are wrong because the child is a minor who was under the supervision of op based upon what was presented.

 

[adjusterjack]

I don't see it that way. This is a 16/17 year old who was told to slow down, didn't, and crashed. What would you have the OP do, yank him off the ATV by the collar?

 

[LdiJ]

I don't see it that way. This is a 16/17 year old who was told to slow down, didn't, and crashed. What would you have the OP do, yank him off the ATV by the collar?

I dunno, he is a minor who was allowed with ride the ATV by the OP. Did the OP get his parent's permission for him to ride the ATV before allowing it?

 

[Eekamouse]

Did OP go over with the child safe operation of the ATC and did the child have any previous riding experience? I think it's OP's responsibility for the accident because OP let the child take it for a ride. I could be wrong. It's been known to happen.

 

[simpl3.user]

This question was very vague on purpose but if you read between the lines it's all right here. I'm backing adjuster Jack. A 3-4 day trip with another family, the boys parent/parents definitely allowed him to go. Making them 100% aware of the motorized activities he would have access to. Sunflower states that they 'repeatedly' had to tell him to wear a helmet. Meaning this boy not only had riding experience but this was something he was taking liberties with by that point of the trip. If at any point Sunflower told the young man that the ATV was off limits unless safety equipment was worn, no riding at night, no more then two riders, whatever... Then she is in the clear. The boy took it without following guidelines set forth. If she was to go to court I wouldn't be surprised if the young man had a run in with the law at some point already and could be used against him. I'm making a statement nearly a half year later. I hope this situation worked itself out without too much loss. That's the rub of the law, even when you WIN you still suffer LOSS somehow.