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Discussion Starter #1
OK well about a year ago this kid wrecked my buddies 04 ex 500 ninja into a brick wall in a school parking lot. Well the kicker is he didnt have any insurance on the bike and it was totaled. So the kids parents said that they were going to take full responsibilty of the bike. Well to this day my buddy hasnt seen a dime. They were going to take him to court but the kids(who wrecked) parents said that they were going to counter sue beacuse my buddy had no insurance on the bike. I would appreciate any info on the situation, like wether the other kid parents have a claim or not. And should my buddy go ahead and take it to court to get the money for his bike. Any info will be appreciated. Thanks and sorry for writin on and on
 

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Discussion Starter #4
in ohio you must have insurance and my buddy was working at the school at the time and the kid wanted to ride it but my buddy didnt want him to, but he finally gave in. Then smack into the brick wall

oh and the counter sue would be from the medical bills cause the kid was in the hospital for awhile
 

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this is NOT legal advice, this is just my layperson's "gut feeling", but you cant sue someone for not having insurance when the only damage arising out of an incident was to that person's uninsured property. also, id bet your buddy has a cause of action in tort (negligence) against the kid who crashed it (but he should call a lawyer to check that out).

the only thing is, your buddy presumably gave the kid permission to ride the bike, and that might mean, depending on which theory of law ohio follows, that your buddy assumed the risk that something like that would happen, which might bar any sort of recovery against the crasher. annnnd, although the kid who crashed it probably cant sue your buddy for not having insurance, i'd bet that a court would still probably say that your buddy further assumed the risk by not insuring it, and might not be able to recover anything.

and as a long shot, your buddy might have some sort of contract claim, but it doesn't sound like he gave any consideration for the promise, since the promise to pay for the bike was made after the crash, which makes me think the contract claim is a long shot.

and finally, as im not an attorney, there might be a whole host of other claims, especially under specific ohio statutes, that i just have no clue about.

tell him to CALL A LAWYER. most of the time, a quick opinion over the phone as to whether he has a cause of action will be free, and whatever he pays for in attorneys fees might suck, but at least it will give him a shot of getting some money for the bike, whereas it seems pretty unlikely that hell see a dime if he doesnt get a lawyer involved.

all of that is assuming worst case scenario (where the thing goes to court), by the way. usually, if you get an attorney involved, the matter will get settled well before it gets in front of a judge. id be willing to bet that the other family would fork over some money as soon as they got a letter from a lawyer. maybe not the whole amount, but who knows. they could quickly spend waaaay more than the cost of the bike on legal fees by trying to fight it out in court, so instead, theyll probably be willing to compromise and make your buddy go away (especially when they talk to another lawyer, who tells them - assuming that there arent any other key facts to the incident that you left out - that they most likely have no chance at a counterclaim against your buddy). but like i said, im not a lawyer, and an attorney could probably really help him out, so tell him to call a lawyer.
 

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whoops. didnt see that part about the kid's injuries. in that case, the countersuit is a real possibility. still, id get in touch with an attorney if i were your friend and see what i could get done.
 

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Hey all thanks for the replys I am smittyzx6r's buddy the one how got his bike wrecked by a supposed friend. Thanks again for the messages
 

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The injury is the one thing that scares my the most. Is there nething he could say or do about that? And would it be worth the costs for court and stuff sice its kinda 50-50 weather I would win or not, bc if I dont win i would be out more money and a bike still.
 

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So whats happens when you just have liablilty? Does that insurance still blanket the person insured under that name for injuries??
 

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Seriously, contact a lawyer. They will take part of the money but you can bump up the price by saying you missed work...etc
 

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this is hillarious.... my buddy wrecked my ex500 in the school parking lot into a fence 2 months ago. hasn't paid me off yet... but he's working on it.


the parents that are countersuing, i don't think they have a case... probably just something a friend told them or their desperation attempts. I really don't think they have a case, not with a good judge at least.
 

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I cant really miss work I am in the millitary so its not that easy to take off work plus i live in texas now so getting back to ohio would be a little costly lol. but yeah i need to go talk to a lawyer asap.
 

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ij would contact a lawyer. they will konw a lot more than anyone on here can tell you. but i think you probely have a suit. do you still have any text messages, or voivemails, e-mails, ect. of the other family stating that they would pay you for the bike. if so then there you go. as far as the other kids injuries, i doubt that they will be able to sue for his injuries, since he is the one who caused his injuries, and they might be able to sue the property that he was injured on, but i doubt that. then again im not a lawyer in any since. i just go by what common sence would suggest. since you are in the military you should have access to a JAG. no cost to you. so that means you should have no excuse not to get legal advice. and if you are able to get any money, well that is more than you had before.
 

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True it is def free. My dad kept lots of records of what was said with every conversation after the wreck so mayb there is something there i'll have to get with him on that one.
 
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