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Someone died on a motorcycle they just bought from me but paper work was not finished, can I be sued?
Anonymous3 views3 answers
I had a motorcycle for sale and someone said they wanted it, I put it in a truck and brought it to the warehouse we work in. he wanted it so he gave me a small down payment to hold it, we agreed bike would stay in the warehouse until paid for, I was going to bring a bill of sale title etc the next day. I left for the day and find out he took the bike home the next morning when he didnt show up for work on time, I call highway patrol and find out he killed himself on it last night. the bike was not insured or registered to ride on the road yet and I told him all this. and again he was NOT supposed to take the bike, I have witnesses for this. Can I be sued by his family in any way, no paper work was ever signed only verbal. and on another note can I collect what is owed?
Just remember, you can pretty much be sued by anyone at anytime for anything. Is it likely you will be sued?
The answer is a likely "NO." First, what has happened here pretty much sounds like a theft to me. If he took the bike before you agreed he could take it, then the buyer basically committed a crime.
As far as collecting what is owed--unlikely unless this person has assets sufficient to pay you. A claim would have to be filed against his estate and frankly, you are probably looking at throwing good money after bad. If you didn't have insurance, you are likely out of luck.
It is hard for me to imagine there is a legal cause of action against you unless someone can demonstrate that there was something wrong with the bike that you simply ignored -- that caused the accident -- even then, I don't see how youa re on the hook. Contact your insurance carrier for the bike to let them know what has happened.
Good luck.
As the previous poster indicated, you can always be sued. The pertinent questions are will you (not likely) and will any such lawsuit be successful (not likely). Just to be safe, document everything and be prepared.
Best of luck.
SR
