by master_outlaw_69 » Tue Nov 20, 2007 03:38 pm
while riding the wheeler(only had front brakes) had a deer run across driveway causing me to brake hard n fast! Needless to say, I went end over end, breaking my collar bone, and cracking my shoulder blade! I didnt sue him or anything, but now he's bein a dick and wont return some of my belongings that i borrowed him! Can I still sue him/or his ins. co.?
Posted: Tue Nov 20, 2007 04:04 pm Post Subject:
First, these are two seperate situations and are not related.
You were injured while riding someone elses 4 wheeler. Were they negligent in any way which resulted in your injury? I don't see this from the information that you posted (if anything, it seems that you were negligent). If they have Medical Payments on a renters or homeowners policy, it may be extended but if you cannot get the owner to report this accident (no obligation to do this) then his carrier obviously won't pay (it would only address your medical bills).
The second issue is the person not returning items you loaned to him (your wording is not clear, though). This is really not an insurance matter. It's called Theft by Conversion... you loaned him the items with the condition that they would be returned but now that they are not being returned, they can be considered stolen. My recommendation is to speak to the local police and see if they will go with you to pick up the items. They cannot take the items themselves but perhaps their presece and input will "help" this person return these items.
Posted: Tue Nov 20, 2007 10:16 pm Post Subject:
He's trying to keep my wirefeed welder until i buy him a new brake resevoir for his wheeler! Hmmm 175 dollar part, 1200+ dr bills who should pay who! Gimme a break!
Posted: Tue Nov 20, 2007 11:03 pm Post Subject:
"With friends like that"
Tcope is right, of course although your friend is trying to join the issues. He sees it that you damaged his four wheeler and wants you to pay him for it and therefore is holding your welder hostage. Which of course he cannot do.
Tcope also gave you good advise, find proof of ownership for the welder call the local autorities and go to his house to get your stuff...they won't tell you that you have to fix his bike to reclaim your own property.
Then you've got a choice to make, fix the bike and file a claim or suit etc. for your med bills, course I guess he could file against you for the damage to his bike while it was in your care, custody and control...such a petty mess between friends huh?
You can sue anyone you want to for anything...but really that's just retalitory to get your welder back right?
Also tcope, if memory serves don't some HO policys exclude med pay, 'while in or upon a land motor vehicle'....and some actually exclude ATV's, so perhaps poster may not have a med pay claim. Again he could always sue his good buddy if he choses. :roll:
Posted: Wed Nov 21, 2007 12:21 am Post Subject:
Your really going to make me dig out a property policy.... :lol:
I pulled one out and while I don't see that exlusion, some policies may carry it and also, the coverage may not extend off the insured's property unless the OP could be considered an "insured". In some cases operating a "motor vehicle" that is covered would make the OP an "insured". But again, an ATV might only get coverage if used on the policy holders property.
I never claimed to be a "property" adjuster :wink:
Posted: Wed Nov 21, 2007 11:29 am Post Subject:
Your really going to make me dig out a property policy
Well, tcope it would've required that I get off my butt and go all the way down stairs to my office! :roll: I did have the fore thought to leave an auto policy by my personal computer need to bring some property ones up here too!I never claimed to be a "property" adjuster
I haven't been for some years either...And of course this would be a state specific thing I'm sure, (exlclusions)..I do have it stuck in my head though that (here anyway) there is an ATV exclusion, but hey I've only been wrong about ten times today, haven't reached my daily norm yet! :DPosted: Wed Nov 21, 2007 11:57 pm Post Subject: wheeler accident
It was on his property, and wouldnt it be his negligence to let someone ride his wheeler when it was not safe? Either way, not wanting to sue but....
Posted: Thu Nov 22, 2007 10:53 am Post Subject:
wouldnt it be his negligence to let someone ride his wheeler when it was not safe
First I think there is a debate regarding when the bike was damaged before OR after the accident. Apparently the homeowner feels the OP damaged the bike
He's trying to keep my wirefeed welder until i buy him a new brake resevoir for his wheeler!
The OP only says,
we don't know if he found this out after the crash, or knew it before he got on. If the homeowner told him it only had brakes in the front and he chose to ride it anyway, he was willing to assume the risk. Of course as I said apparently the homeowner sees it differently.while riding the wheeler(only had front brakes)
Just because an accident occurs on a persons property doesn't make them 'automatically' negligent. Now, (as tcope pointed out) medpay may apply as all you have to be IS on the property and no neligence what so ever has to be attributed to the home owner. If you trip over your own feet, get poison ivy, anything really, just on the property when the injury occured, medpay will pay.
There are A LOT of unanswered questions with this one...On the face with the limited information we have I see no negligence on the home owner.
Posted: Tue May 02, 2017 12:17 pm Post Subject: ATV Accident
I was a passenger in a side-by-side. The driver lost control, flipped the ATV and it landed on me, crushing me. Is the ATV/property owner responsible for my medical expenses?
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