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Selling during Insurance Claim

Discussion in 'Life Insurance, Annuities & Other' started by dnkg, Jul 19, 2010.

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  1. dnkg

    dnkg Law Topic Starter New Member

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    This is going to be long so please stay with me as I try to get all the details in. My husband and I were going to sell his motorcycle to a friend of his. This friend came and picked up the bike as a test drive so to say. The intention was that he would pay us in 2 weeks or we would take the bike back. Well about a week or 2 later we got a call. He had allowed someone to ride the bike and they wrecked it. Because we had not sold the bike yet and still had the insurance, we made the claim. This was at the end of May. The person that was driving the bike was injured and there was another vehicle involved. Because he damaged the bike we pushed for him to pay us worried that we would be with a total bike and no money. He then gave us $700. Well we are still going around with the 2 insurance companies involved as to who is at fault and who will pay what. In the meantime, this "friend" still owes us the remainder of the money. He then gave us $100 at the beginning of July after we called him daily. He also wanted us to sign a bill of sale stating that he would give us the remainder on 7/15 and the bike would be paid in full with title exchanged. We did sign this. Well he wants a salvage title for the bike once the insurance totals it out. In order to do that we need to keep the title and not sign off until the claim is finished, is this correct? He is now refusing to give us the remainder of the bike until he gets the title but we are afraid that the claim will be dropped if we sign off on the title. So my question....can we sign off on the title and sell the bike to him since it is after the accident claim or will this ruin the claim? Do we have the right to go pick up the bike since he is not paying? Any advice so that this can get settled in a nice manner.
     
  2. army judge

    army judge Super Moderator

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    You have liability issues beyond the bike.

    You are heading into perilous legal territory.

    If the bike us totaled you no longer own it.

    The insurance company might lay claim to it.

    Beyond that is the personal injury of the injured bike rider. Was anyone else injured? Was other property damaged?

    You shouldn't worry about that damn bike. You should worry about the bike rider suing you.

    You might have to sue the deadbeat.

    It was very foolish of you to allow that deadbeat to ride the bike under your insurance.

    Your insurance company could have some bad news for you.

    You might want to speak with a lawyer in your town. The initial consult is usually free. You have some very troublesome exposure.


    Sent from my iPhone using Tapatalk
     
  3. dnkg

    dnkg Law Topic Starter New Member

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    No, no one else was injured but the other vehicle had some damage.

    We did not give the rider permission to ride the bike. Can we still be held responsible?
     
    Last edited: Jul 19, 2010
  4. army judge

    army judge Super Moderator

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    Yes, you gave the bike to "A".
    That was a bailment.
    "A" was required to take extra, special care of your bike.
    "A" legally had possession of the bike.
    "A" allowed "B" to ride YOUR bike.
    "B" crashed into something, someone, or both.
    If "B" isn't injured, what do you wanna bet he will be, when someone WISES him up?

    Who do you think "B" is gonna try and go after?
    Well, he might go after no one.
    Or, he could try to go after "A".
    Usually, they go after the owner, let's call you "O".

    Of course, all of this is speculation.
    "B" may be a good guy and go after no one.
    The owner of the property that was damaged, let's call him/her, "P"; might be the one to worry about.

     

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