Motorcycle wrecked

[skale7179]

What is the name of your state? IL

Hi, I need some advice for my brother.

He recently bought a new motorcycle and 2 days after purchasing it he let a friend ride it and the friend wrecked it causing $3000 in damages. He had not gotten it insured yet.

Who is responsible for paying for the damages?

 

[teflon_jones]

What caused the friend to wreck it? Was it his fault? If so, he's responsible for the damages.

 

[skale7179]

We arent sure what caused him to wreck it, Im assuming lack of knowing how to ride a motorcycle.

They were in Wal-mart parking lot and he hit 2 medians and went air born and then slid the motorcycle on its side. The friend said he got the brake and clutch mixed up....

There were about 6 witnesses, most of them also heard the friend say he'd pay for the damages. Now he is saying he isnt going to pay for it because he was pushed into riding the motorcycle.

My brother plans on contacting a lawyer, we just wanted to be sure before he did so.

 

[moburkes]

There's no need to contact a lawyer. Sue him in small claims court.

 

[shortbus]

Brother has one problem: he voluntarily allowed the friend to ride the bike. The friend was clearly an inept driver. When Brother entrusted the bike to Friend, he implicitly assumed the risk of any damage Friend caused. I don't think Friend owes him anything. Brother should be glad Friend didn't hit anyone else, otherwise Brother might've been liable for that too.

Even if the Friend said he'd pay for damages, and witnesses heard him, he doesn't have to. A one-sided promise is not legally binding.

 

[moburkes]

I understand, but don't necessarily agree. There are TONS of situations in which someone loans something to someone else, expecting to have it returned in the same condition. Now, it might have been stupid to do, especially not knowing if the person had a motorcycle license, experience, etc, but I don't think that it means that the person wasn't responsible for the damage that he caused.

 

[shortbus]

Look up "negligent entrustment". When you give somebody an item with the capacity for danger, like a weapon or vehicle, the rules change. A judge is not going to reward Brother for his own negligence & stupidity.

 

[skale7179]

Brother has one problem: he voluntarily allowed the friend to ride the bike. The friend was clearly an inept driver. When Brother entrusted the bike to Friend, he implicitly assumed the risk of any damage Friend caused. I don't think Friend owes him anything. Brother should be glad Friend didn't hit anyone else, otherwise Brother might've been liable for that too.

Even if the Friend said he'd pay for damages, and witnesses heard him, he doesn't have to. A one-sided promise is not legally binding.

The friend was not "clearly an inept driver" he claimed to know how to ride a motorcycle.

So what youre saying then is my brother is SOL on the damages to his bike and should be responsible for the injuries the friend sustained?

Anyone else agree with this?

 

[Zigner]

The friend was not "clearly an inept driver" he claimed to know how to ride a motorcycle.

So what youre saying then is my brother is SOL on the damages to his bike and should be responsible for the injuries the friend sustained?

Anyone else agree with this?

Absolutely not - negligent entrustment is used by a third party who is damaged by the "negligent entrustment" of something to someone.
The driver of the motorcycle was not a "third party". The damages he caused to the motorcycle are his responsibility - not your brother's.

Sue away!

 

[moburkes]

Look up "negligent entrustment". When you give somebody an item with the capacity for danger, like a weapon or vehicle, the rules change. A judge is not going to reward Brother for his own negligence & stupidity.

I find that when I look that up, it refers to causing injury to a third party, which doesn't apply in this case at all. Also, if the friend claimed to know how to ride, then it still doesn't appear to be negligent entrustment.

 

[skale7179]

Thank you all for your replies!!

He has decided to contact an attorney for adivse on this matter.