Responsible for wrecked ATV accident?

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Xtrude64

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Hello,
I was on someones property where they offered an ATV to ride to me.
I went up a hill that apparently was too steep, and the ATV flipped over and rolled down the hill and wrecked.

The owner of the land and the ATV asked if I was ok, and told me that several people had wrecked on his quads, and that he just was happy I was ok.

I asked him to find out the damages and I would do what I could to make good on the damage.

He told me it was ok, don't worry about it, he's just happy I didn't get hurt bad.

I kept saying no, I'm sorry this happened, please find out, to which he kept saying don't worry about it.

There were 4 other people who heard this and would agree it was said.

My intentions are still the same to make good on the damages, but now his wife / girlfriend is handling me through email b/c she says he is too busy.

I told her that I don't have much $$ but I could pay at least $100 a month and that I would pay for years if I had to. But if I could afford more then I would pay more on any given month.

I also asked someone if I could borrow the $$ and they said they would lend me $3000 max but they would only loan if the damages was considered payed in full so they knew I would pay them without worrying about another debt. I offered this to her and she freaked about that too, and said no.
She is saying the damages are $6k+ to buy a new one.

She has taken a hard line with me telling me I have to go get a loan to purchase a new one, even though I told her I could not get a loan for several reasons. One of which is a bankruptcy a couple years ago.

She then started to tell me how I need to be more careful with my family and not risk things and stuff like this wouldn't happen.

Obviously this was an accident, and the owner knows this and is apologetic it even happened.

This has all occured through email so I have in writing.

My question is: If this keeps going this direction where she is hardlining me into things I cannot do and unwilling to accept my offers to rectify the situation, can I fall back on the original offer from the actual owner to not worry about it?

I don't want to do this, but I can't deal with the stress this woman is causing my family.

Thanks for any help,

Xtrude64
 
How much have you paid so far?
 
It just happened less than a month ago, and she does not want accept my payment plan.
So I have not paid anything as of yet.

I just got their address today and said I could start paying this month.

Thanks for a reply,

Xtrude64
 
Just happened in last month, and she has not wanted to consider my offer to pay monthly.

Got the address today and told her I would send a payment this coming week.

So have not paid yet. Still waiting for estimate of damages as well. She just said about $6k+
 
I would not pay anything until they sue you. They are also going to have to bring an estimate, and they cannot sue for more than what the ATV is worth.
 
Since it happened on their property couldn't they claim it on their property insurance? Did you have medical expenses and go to a doctor? If you did you could counter sue maybe. I definately agree with Duranie to not pay until they sue. you. They want a new vehicle? How old was the one you rode? How damanged was it? Could it have been fixed at a lower price than replacing it? Have they offered proof as to the damage was $6,000? Sounds like they are looking for a pay day to me. Don't take this woman's word for anything. They should have had it insured if it costs that much to replace.
 
They claim no they cannot due to exclusions in their home owners insurance.

They said it was 2 years old. They also said the dealership says the ATV is totalled.

Which I can see the frame bent and handlebars etc, but not the motor etc...

Another lawyer on these boards said there is shared responsibility in him asking me if I wanted to ride and letting me ride without a helmet. I'm glad I didn't get hurt worse than bumps and bruises, at least I think thats all until I get an MRI.

I offered them $3k right away b/c I could borrow that from someone, but the person I could borrow from said they would only loan to me if I had a signed document saying it was paid in full. That way they said they didn't have to worry about me paying them and someone else. It was not out of malice. She got really pissed about that even though I told her I wasn't offering it as my solution to the problem, just was an option offered to me.

The guy just emailed me back and attacked. He is now retracting everything he said to me and doing a full court press. I am thinking he is going to force me into a legal situation and end up getting less than if he just let me pay him as I can.

Thanks for your help,

Xtrude64
 
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