Liability Waiver for Motorcycle Test-Drive

[Shadowbunny]

What is the name of your state (only U.S. law)? AZ

Husband and I have decided to sell our motorcycles. Our concerns are as follows:

1. What can we do to eliminate our liability when someone test drives one?
2. Would a written waiver signed by the potential buyer before he/she takes it on a spin be enough?
3. Would a agreement that they would be financially responsible for any damages if they drop the bike while on a test drive be prudent (and enforceable)?
4. Is there any verbiage that is a must-have for a waiver?

Any input would be much appreciated. (And if someone's in the market for a Honda Shadow 750..... )

 

[justalayman]

1. What can we do to eliminate our liability when someone test drives one?

not let anybody test drive them

2. Would a written waiver signed by the potential buyer before he/she takes it on a spin be enough?

it might help if that is who sues you. If it is any other party (like who he hits), they cannot waive the other parties rights

3. Would a agreement that they would be financially responsible for any damages if they drop the bike while on a test drive be prudent (and enforceable)?

definately prudent but it might put off a lot of people. enforceable: all depends on a lot of facts not present here. Generally speaking, yes but even without that, they can generally be held liable anyway.

 

[las365]

You may be able to reduce your risk with a waiver, but as noted, you can't eliminate it that way. You need to make sure your insurance coverage is adequate and in force before you let anyone ride.

 

[latigo]

What is the name of your state (only U.S. law)? AZ

Husband and I have decided to sell our motorcycles. Our concerns are as follows:

1. What can we do to eliminate our liability when someone test drives one?
2. Would a written waiver signed by the potential buyer before he/she takes it on a spin be enough?
3. Would a agreement that they would be financially responsible for any damages if they drop the bike while on a test drive be prudent (and enforceable)?
4. Is there any verbiage that is a must-have for a waiver?

Any input would be much appreciated. (And if someone's in the market for a Honda Shadow 750..... )

Test drive your motorcycles?! In Arizona, the crime capital of the southwest?

How far is it to the Mexican border or the nearest "chop-shop"?

You might want to take some pictures so you'll have something to remember them by.

 

[justalayman]

Test drive your motorcycles?! In Arizona, the crime capital of the southwest?

How far is it to the Mexican border or the nearest "chop-shop"?

You might want to take some pictures so you'll have something to remember them by.

hold their license

 

[CalRehabber]

I've been buying and selling motorcycles for a long time now and what we do around here is "Cash in hand and proof of M1 license" before test ride.

If I'm holding the cash and they crash or don't come back, I keep their money.

Also, still having it insured would be good as well.

 

[FlyingRon]

Even car dealerships tend to make a copy of the license and run a credit check before they let someone take a car on a test drive.

 

[armstrong1988]

Your insurance is primary. You can have him sign a waiver you make up, but it won't hold water. If he wrecks it you allowed him to drive it so there will be coverage as long as you have coverage. But since the vehicle is in your name, the tag is registered to you, your insurace will have to pick up the tab if he hits somebody. Now on the bright side. Even if your policy has to pick up the tab, you shouldn't get the points He will. Good luck with it. Just so you know I tell all my clients to make sure and keep the insurance on a vehicle until it is SOLD for this reason..

 

[HighwayMan]

you shouldn't get the points He will.

What "points" are you referring to?

...I tell all my clients...

What clients might those be? At the nail salon?

 

[justalayman]

What "points" are you referring to?



What clients might those be? At the nail salon?

actually his post makes sense and is basically true.

the points would be referring to points against their license

the clients...well, that one I have no idea. Since even dope dealers on the corner have clients, without clarification I would think it was used to attempt to impress rather than have any true meaning. A grandiose statement in my eyes.

 

[HighwayMan]

the points would be referring to points against their license

Well talk about stating the obvious (not you ).

Not sure why anyone would think they'd get points on their license if they weren't driving.

 

[Shadowbunny]

Thanks for the great replies.

No question about keeping insurance until they're sold, but we will talk to our agent about if there's anything else that we can do to mitigate any damages.

I especially like the "cash in hand, hold their DL" advice. Although the more I think on it, the more tempted I am to sell them to a used bike dealer for far less than retail value just to avoid all the heartache.

 

[OHRoadwarrior]

Personally, I would make them ride with me for the test drive. That will allow them to learn all they need to know about the bikes handling and performance.