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Need Help Fast Re: Four Wheeler Accident (1 Viewer)

Brandon_T

Screenwriter
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Oct 3, 2000
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This weekend was horrible. It was my first time riding a four wheeler, and it was my friends. (I am sure you can see where this is going) Well I lost control, hit a tree and he has no insurance on it. I bent the frame and now it has to be replaced or straightened. He told me to replace the frame will be at least 2k. How much is it going to cost me to have it straightened? I need to know so I know how much of my HT equipment I am going to have to sell. Thanks

Brandon
 

Travis Olson

Supporting Actor
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Oct 7, 2001
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Travis Olson
Yeah take it to the local dealer. Not sure on how much it's going to run you to get it fixed though as all makes differ. Figure at least $50/hr for labor though. I suppose there's no chance it's still under warranty?
 

Mike__D

Supporting Actor
Joined
Dec 27, 2000
Messages
617
Do the right thing. Do not try and go cheap. The frame's structral integrity may have been weakened, replace it by any means.

I had a friend drive and crash my new car years back, doing almost $3K in damage, and he tried everything to get out of it. Even wanted to do an insurance scam (needless to say, he's no longer my friend).

Mike D.
 

Lee L

Supporting Actor
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Oct 26, 2000
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868
Maybe I'm a real hard ass but when loaning a 4 wheeler to go tear-assing around the woods, isn't there a certain amount of risk that the thing will get wreck to be assumed? He did not have insurance on the thing, he really should offer to pay for half the damages IMO. I'm certain some would differ but unless he told you "do not do X" and you went and did X and wrecked the thing that the very leas he could do is allow you to pay him back instead of making you sell stuff.
 

Joel Mack

Senior HTF Member
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Jun 29, 1999
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If you were my friend, and something like that happened, I wouldn't make you pay for the whole thing unless you obviously did it on purpose. Like Lee said, there has to be a certain amount assumed by the owner.
 

Joe Szott

Screenwriter
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I would offer half and half, he let you ride it so he assumes some of the risk too. If he had insured the thing, this would be a non-issue. Since he didn't insure his property, it really isn't your problem. You didn't crash it on purpose or were drunk, were you? But if he is your friend, I think 50% of damages is fair.

Don't use his ATV ever again ;)
 

Holadem

Senior HTF Member
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Nov 4, 2000
Messages
8,967
Wow, I can't believe some of these replies. Please, pay the whole thing unless he offers to shoulder some of the cost.

If you're lucky, he might pay some of it, and consider that an act of kindness, NOT your right!

--
Holadem
 

TerryS

Agent
Joined
Dec 5, 2000
Messages
40
I don't understand how he didn't have insurance? When driving thousands of dollars worth of equipment around the woods, its irresponsible not to have some coverage. I pay around $50/year for my boat with full coverage, so it shouldn't be a monetary issue.
 

Micheal

Screenwriter
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Apr 13, 1999
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Mike
I would accept some responsibility as the owner and pay half if I didn't have insurance. (Unless you wrecked it by doing something really stupid!) I believe that the owner has some responsibility, it was your first time on a four wheeler and he let you drive it. Nuff said.

In my case I would have insurance coverage and the person who wrecked it would pay the deductible. Case closed.

It's no different than letting someone learn how to drive while using your car. Would he expect a new car if you wrecked it while learning how to drive?

He took a chance and he should take on some of the responsibility while learning a valuable lesson.(If you're going to let people who don't have experience drive your vehicles, get insurance!)
 

Jeremiah

Screenwriter
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Jun 22, 2001
Messages
1,578
I never heard of insurance for a quad. Have the owner pay half? Are you serious? The owner was being cool and letting his friend ride his quad, the owner shouldn't have to do jack b/c he didn't wreck it. Period. The rider was riding beyond his means if he lost control and crashed it like he did, but I guess the owner is still at fault.:rolleyes

My friend let me ride his quad up in Dumont Dunes, let me tell you, it is implied that if I wreck it I pay for it.

If I lay my friends street bike down, should he have to pay half of the deductable? BS and no way.

Brandon, I would just pay it, and if it's possible have your friend pay for it and just make payments to him so you wouldn't have to sell your HT equipment. That would be ideal.
 

Julie K

Screenwriter
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Dec 1, 2000
Messages
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I'm a believer in "You broke it, you bought it" and it doesn't matter if the owner has insurance or not. The responsible thing to do is to pay the amount to properly fix the ATV. If you are ever concerned about damaging an expensive item then ask if the item is insured before using it.
 

Micheal

Screenwriter
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Apr 13, 1999
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Mike
Wow! Tough crowd! :D

Let me just say that as an adult you don't let inexperienced people ride your vehicles. If you do, expect accidents to happen. If it was me (the owner) I would take some responsibility for being an idiot and letting someone with no driving experience use my vehicle. That's just me. Same thing with teaching someone to drive in my car.

The ONLY way I would expect to receive the amount of damages paid in full is if the driver was being an idiot.
Adults tend to take responsibility for this kind of thing, maybe I was just raised differently.
(Of course I do have insurance so this would not even been an issue with me.)
 

Brandon_T

Screenwriter
Joined
Oct 3, 2000
Messages
1,903
Thank you all for your advice. I have every intention on paying for the damage no matter what the cost. His local dealer told him that the frame should be able to be straightend without putting the structural integrity at risk.

As far as the insurance thing goes, he was unaware that there was insurance available for quads until someone passed us by on the trail and said "at least your insurance will cover that". His dealer never even told him about insurance so I guess that is my loss.

Being an inexperienced rided sucked for sure, but I do have motorcycle riding in my background. What happened was there was a curve, and it was downhill a bit. My friend was riding ahead of my and made it thru at a faster speed. As I was about to make the turn, I hit a bump in the road, sent me airborne and the rest is history. I don't think I was riding beyond my means, just bad luck I guess.

Well, anymore advice is certainly welcome.

Brandon
 

Joe Szott

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Feb 22, 2002
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Joe S.
I'm sorry folks, I just don't see it. The owner offered to let his buddy drive his ATV, knowing it was worth $XXXX. No one thinks to ask about insurance before they take someone up on an offer like this, it really isn't their business what the owner does with his property.

I don't see how this is different from a car. If you drive a friend's car you just assume it has insurance. If it doesn't and there is an accident beyond the driver's control, it is the owner that wasn't coving his own butt and he is out the money. The driver doesn't really have any responsibility if it was a true accident (as it was coincidence that he happened to be driving it at the time.) He can be nice and help, but that's his choice not an obligation.

To say he didn't know there was such a thing is dumb. Anything that has any value is insurable, heck there are umbrella policies that cover almost anything you own of value, including litigations! If J Lo can insure her rear for $X million, why can't you insure a $XXXX ATV?

Your friend (the owner) needs to pay at least half to learn that part of this was his fault as well. If it is brand new, it *might* still be covered by the dealership and you can ask for a new ATV, but that is a bit sketchy to me. Your friend needs to take responsibility for his mistake and shoulder his part of the debt. Because by law it is actually all his to begin with (you're being nice by even pitching in.)
 

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