Never trust a friend!

[damien01]

I recently co-signed a loan for a brand new motorcycle for my older brother. We purchased it in May of 2001. In August of 2001 my brother let a friend on it to ride and supposable he told his friend that if he crashed or broke it he would have to pay for it. My brother had two witnesses to it. His friend did not have a license or a permit to be ridding it. The friend is under 21 and lives at home with his parents. He ended up crashing the bike and going to the hospital for broke leg, collapsed lung, and broken arm. His parents told my brother that they would pay for the bike. They said this in front of five other people. Later after the kid got out of the hospital his parents tried going after my brothers insurance company for medical bills. Well the insurance company does not cover the operator of the motorcycle only the passenger. We only had liability on the bike. Well the total damage for the bike was over the cost of it, in which the cost of the bike is $8,500.00. There was no estimate written up on it. Now we are looking to take him to small claims court for only $5,000.00, because we are going to repair it ourselves. My brother started to repair it and pay for some of the parts. Now here it is February 2002 and we are now going to file in small claims court for the $5,000.00. I need to know if we have a case or will we loose out and get stuck having to pay for a half put together motorcycle? Also can I do that will help me win the case?

 

[Michael Wechsler]

To begin, you should have all your receipts. Second, you should absolutely get two estimates of the current value of the bike had it not been smashed. Third, you should show that you will be taking a bath just on the value of the bike. Fourth, you should state that there is absolutely no dispute -- the borrower smashed the bike, bears the full liability for the loss that he caused all by himself, and that even if you are awarded the maximum you are taking a bath due to his bad faith. He has now sued your insurance for the benefits of your insurance, causing you damages in having to raise your insurance, and in BAD faith, is simply refusing to pay. There is no good faith dispute. Fifth, bring your witnesses to court or as many as you could get. At the very worst and which may not be admitted, have them sign an affidavit attesting to the specific words that were stated and the context. It is imperative to get at least one witness in court, although this may not make a difference. You should win. This is what I can think of at the present time.

Most importantly -- be very prepared, have everything organized, make an extra copy for the judge and the defendant, be direct and to the point (don't drone on and on, don't keep talking about what a jerk the defendant is, stick to the facts and make it short, sweet and to the point). Good luck!

 

[damien01]

Insurance

The kid never got anything out of our insurance company. His parents ended up paying for the hospital bills. That is why I think they didn't want to pay us. Also do I take the kid to court or would I take the parents to court? We have no reciepts for the parts we bought because we got them off of ebay.

 

[Michael Wechsler]

You would need to sue the kid. You may do best in suing them both, stating that the parents made a deal with you to settle the matter and they reneged. It's plaintiff versus two defendants. I feel sorry for the kid but it's his responsibility and if someone should lose out here, it's the person who caused the damage.