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| *Vultures Knob>>>Street Bike |
What can be done if my husband allowed a man to test drive his mototo buy and the man wrecked it & wont pay? |
we were given travelers checks to hold in case he damaged our bike,he then proceeded to take them back and say he was not going to pay and then turn around and say he was going to sue for hospital bills we have about 6 witnesses to the man saying he knew how to handle this motorcycle, and that he wanted to buy it we also had everything filled out and were on our way to notorize it when he wanted to test drive it.He didn't even make it out of the driveway and shot across the street and into the ditch totally submerging the moto in raw sewage. Then in front of the same witnesses told my husband that its his fault he is going to either buy the bike or pay for damages. What can we do about all this? sorry, You need to call a lawyer sue him, i would have kept the cheques in the first place. The best thing to do is get a lawyer Firstly, inform the police. He is likely to be riding without insurance. Secondly, take him to court. I cant see how he has a leg to stand on. It was his decision to get on the bike and ride it, therefore he alone is responsible for his injuries and he is responsible for the repairs. The only argument that he could claim is that the bike was faulty. Contact your insurance company. Course, I don't think you thought to check his drivers license to see if he was licensed to drive a motorcycle, did you? Assuming you have insurance on the bike, ask your insurance company what your options are. Sounds like the bike can be cleaned and repaired. If this goes to court, it is in thier hands to decide. But to his credibility, if he did not show you his class M permit or lisence before you let him test drive you will have a high probablity of losing. But you are definitely in the right. Though lack of proper procedure will and can make you lose this case. But if he did have a permit or lisense for a motorcycle there should be no way he can win a court case. So that is the best advice I can give because the court system is the only way that you can "make" him pay. Just be concerned about the lisence or permit issue. Other than that, you should not lose. Because I am sure your husband has a lisence and the potential buyer would have required at least a permit to even test drive(one can ride with permit if followed or accompanied by a person with M class lisence) I just read your added details. With no proof from the hospital claiming he was injured, the claim would be false. He has to have documented proof of his injuries. And if he tried to sue, you can counter sue for false claim. And that one you will definitly win. But the other case still has the issue with if he had a permit or lisence. I guess it is all about how good is the lawyer. Talk to one that does free cases. The ones who don't get paid unless you win. I think in that case, you have nothing to lose. And a verbal contract is just as good as a written one as long as there are witnesses(at least one). So the problem of you keeping his checks should be legit depending what was the verbal contract. You said you have witnesses. I think the cop is wrong with this one. Just because they are the law does not mean they get it correct all the time. But I also can be wrong. Talk to a lawyer for a free consultation and see what they say. My best advice. |
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