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 Posted: Thu Oct 01, 2009 3:40 pm Post subject: Who is liable? |
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| I was at party about 2 months ago. I asked my friend if I could ride his four wheeler around and he told me I could. (There was alcohol involved and he knew that.) So I get going down his driveway and round a corner and end up hitting a chair, clipping a support beam on the right side of the four wheeler and flipping it. He called me yesterday saying that his four wheeler is totaled. I don't know how I can afford to pay for this because i have no money, no income and I'm headed out of state for schooling in two and a half weeks. Is it legally my job to pay for his four wheeler or is he liable for what happens on his property? |
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jmcaldwell88
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| Posted: Thu Oct 01, 2009 9:21 pm Post subject: drunkie |
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was he aware you were drinking?
you may be liable.
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anonymousadjuster1
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| Posted: Fri Oct 02, 2009 2:13 am Post subject: |
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| Quote: | | So I get going down his driveway and round a corner and end up hitting a chair, clipping a support beam on the right side of the four wheeler and flipping it. |
Important words out of your quote.... I....get going...hitting....clipping....flipping. As you see, the first word "I" means that you were driving the four wheeler. The other words are what you did with the four wheeler. So who was responsible for the damage to the four wheeler? I guess you could answer that by looking at who did the get going, hitting, clipping and flipping.
I understand you may not have the money....if this is good friend you try to work something out. If they are not a good friend...the whole can't get blood from a stone and find a new friend.
The only thing your friend is guilty of is being stupid for letting someone drunk driver their four wheeler.
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Dasfuk
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| Posted: Fri Oct 02, 2009 7:29 am Post subject: |
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Well jmcaldwell88
| Quote: | | Is it legally my job to pay for his four wheeler or is he liable for what happens on his property? |
Even if you are not legally liable, your may be morally liable. Both of you were aware of the alcohol. He let you drive (that was very irresponsible of him) and you couldn't control the car (again irresponsible). But the fact remains that the damage was caused to his car by you. You yourself have acknowledged that.
I understand it is a huge amount that you must pay to your friend. If the car is totaled, it will be taken by the insurance company and sold off at the yard. However, he will still need to pay the lien on the car (if any). You may take up a part time job and share the expense with your friend. This seems like a reasonable idea provided your friend would agree to this since it is you who caused the damage.
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sil
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| Posted: Sun Oct 04, 2009 2:17 pm Post subject: |
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Does your ''friend'' (that IMO you're trying to put the screws to), have insurance on his four wheeler? If so they 'should' take care of it. If not, you darn right you're responsible. Honey I'm sorry but I can't (even) believe that you are trying to put this on him because it was on his property! GEEEZE, suck it up already be a man (or woman) and take responsibility for your actions! What about the things you hit? Is there damage to those as well? 2months and you haven't even tried to help this poor (friend yeah right) sap out? man, I tell ya' ....I don't know what the worlds coming to anymore, NO body wants to accept responsiblity for their own actions! 
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Lori
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| Posted: Sun Oct 04, 2009 9:58 pm Post subject: |
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s il said it pretty well. the rest of you are jut dicks man...and so what if i did wreck it? he's waited 2 months to bring it up. he just now got it looked at and hasn't given me any information about what model it was, how much it cost or how much it will cost me to fix. he's being a douchebag about it because he doesn't have a way to go hunting now. so i'm sorry. he doesn't seem to know how to handle the situation and i'm certainly not going to take it into my own hands. i realize im a tool and i accept that. he's loaded. his dad will get him a new one for christmas.
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original user
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| Posted: Sun Oct 04, 2009 9:59 pm Post subject: |
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| Quote: | | GEEEZE, suck it up already be a man (or woman) and take responsibility for your actions! |
I tried to be a little nicer in my approach, but I think Lori stated it a lot better.
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Dasfuk
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| Posted: Mon Oct 05, 2009 11:27 am Post subject: |
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| Quote: | | the rest of you are jut dicks man |
While I don't know what 'jut' means...this is the response I'd expect from someone that damaged his buddy's equipment, then felt no obligation to fix it.. | Quote: | | he's waited 2 months to bring it up. |
Here's a novel idea, maybe he thought YOU would..and since you didn't he had to .... I'll bet if the shoe were on the other foot, you'd be having a cow wanting to be paid for damage that someone else caused.. | Quote: | | he's being a douchebag about it because he doesn't have a way to go hunting now. |
Gotta love it HE'S the douchebag, because YOU screwed up HIS hunting...yeah buddy, your a great friend. Well at least that came out...and will help him with his ATV repairs.. | Quote: | | he doesn't seem to know how to handle the situation and i'm certainly not going to take it into my own hands |
Heck no, assume responsibility! Why on earth would ANYONE do that  . | Quote: | | i realize im a tool and i accept that. |
You are a tool, but not for wrecking his bike, but for the way you DON'T want to take responsiblity... | Quote: | | he's loaded. his dad will get him a new one for christmas. |
Oh well why didn't you say so! That makes ALL the difference in the world! Just forget about it then Course that will be too late for deer season, or at least more than half way thru it, or maybe since Dad is so loaded, he'll sue your butt for the damages..
You didn't say if he has insurance on this bike or not....
Thanks Das 
Be a clean tool, get the numbers, and offer to make payments to DAD (who I assume actually owns the bike)...maybe after making a years worth of payments he will let you off the hook.
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Lori
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