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Friend wrecked my motorcycle - is now wanting me to pay for his fines

Discussion in 'Parking Tickets, Towing, Impound' started by joshmanuel, Jul 17, 2015.

  1. joshmanuel

    joshmanuel Law Topic Starter New Member

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    Someone used my motorcycle knowing that i did not currently have insurance on it and got into a wreck. No other cars were involved. They said that they would purchase the motorcycle from me for $3200.00 for wrecking the motorcycle. Whenever the police went to the hospital to talk to the person who wrecked the motorcycle he said that he wasn't driving it. A ticket was issued for not having insurance on the motorcycle but the field on the ticket that says who the ticket is being issued to was marked in as "UNKNOWN". The total cost of the ticket, having the motorcycle towed, purchasing a "tow only" permit, and the amount of time that the motorcycle sat in the impound totaled out to be around $500.00. They paid for the fines because i didn't have the money to get it out and they wanted it out ASAP. But, they are now saying that they are going to take off the amount they paid from the amount that they are purchasing the bike for. Bringing the total amount they are giving me for the bike to around $2700. I disagree seeing as he was the one driving the motorcycle knowing it didn't have insurance (he should pay insurance fine), and he was the one who wrecked the motorcycle, (he should pay for the tow only permit, cost of towing, and cost of holding the motorcycle at the impound). I want to take this to small claims court but i'm not sure how strong of a case i have. I have loads of text messages between me and the person who wrecked the motorcycle, and between me and his mother, explicitly stating that he was on the motorcycle that night, and that he wrecked the bike that night.


    Any help and advice would be very much appreciated.
     
  2. ElleMD

    ElleMD Well-Known Member

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    At the time of the wreck, it was your vehicle which you failed to properly insure and allowed to be driven anyway. Legally, unless he purposely wrecked the bike, it is all on you. If he is generously willing to pay anything for the cost of the bike, you are lucky. You as the owner are the one properly ticketed for failing to have insurance as no one else could have obtained a policy for your property. The other expenses related to not having had insurance as required are also yours.
     
  3. mightymoose

    mightymoose Moderator

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    This person did have your permission to drive the motorcycle, correct?
    Allowing someone to use YOUR vehicle when you know it does not have the legally required registration or insurance is YOUR responsibility. Tow and impound fees are also YOUR responsibility.
    Damage to the motorcycle is your friend's responsibility.
    Perhaps the two of you need to come to a mutual agreement. You won't likely find a satisfactory resolution going through court.
     

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