he said it was ok to write one up but i hope he signs it tomorrow.
friend totalled my sled. what do i do to cover my a$$?
- Thread starter ragincajun
- Start date
he said it was ok to write one up but i hope he signs it tomorrow.
also make sure all of your friends know for witness purpose and the kids family, in the end you might not have to go to court to get paid if you can put the squeeze on, especially his family, in most cases nowadays they know more about right and wrong than the kids
good luck bro
good luck bro
With a signed contract is all you need for him to be responsible for the debt. Having it notorized and signed by witness of public notory is not a bad Idea and seals the deal. You and he both have a legal responsibility. You need to have a pay in full by date and if you agree to installments its up to you. You also need to have stated on there that if not paid by the agreed upon date, collections may be attempted. This legally discloses up front in the contract that if he doesn't have the debt paid by the date you may send to collections, file judgement etc. If he does default you must follow the agreed upon contract and take action of collections if it goes to a judgement proceeding. It's nothing personal but this could cost you your friendship in the long run. Even if he doesn't sign anything he has verbally agreed to pay you. This is in accordance as definition of a debt to the Fair Debt Collections Protection Act. Which by the way I would google and read that to make sure you do not violate any part of the act trying to collect money or payment. Might seem cold but if your not you'll get hosed.
#1 GET INSURANCE!
#2 Never lend $ to family or friends
#3 GET INSURANCE!
#1 GET INSURANCE!
#2 Never lend $ to family or friends
#3 GET INSURANCE!
thanks alot! would you suggest putting a payment date? i dont have one in the agreement but i could put it in. i just dont know how much time to give him to pay.
as far as the insurance, i will get it as soon as i get some money. learned a lesson here. thanks again fosgate
Wow some legal advice and some illegal advice given. Not sure you'll like mine.
Curious was this a race some where that this 'buddy' decided to make the high speed pass? Were you trying to hold him off? Did you know he was coming up from the right/did you see him coming? Your story did not present total context.
If you both were goofing off and racing then as I see it you are each (financially) responsible for the sleds you were operating. Neither then has a financial claim against the other.
Insurance....you can't afford it but you can afford to operate your sled...haul it out, gas & oil it, etc but can't afford insurance? My advice, park what's left of it till you can afford it. Life will go on and you can return to sledding when you have the $$$.
Curious was this a race some where that this 'buddy' decided to make the high speed pass? Were you trying to hold him off? Did you know he was coming up from the right/did you see him coming? Your story did not present total context.
If you both were goofing off and racing then as I see it you are each (financially) responsible for the sleds you were operating. Neither then has a financial claim against the other.
Insurance....you can't afford it but you can afford to operate your sled...haul it out, gas & oil it, etc but can't afford insurance? My advice, park what's left of it till you can afford it. Life will go on and you can return to sledding when you have the $$$.
w wernt racing or goofing off. he just decided to pass my other buddy and just as he was getting past him i slowed down(did not slam on brakes) and turned right to play on the side of the trail and he nailed me. no goofing off or racing
T
Tackbtch
ACCOUNT CLOSED
Wow
No freaking wonder OUR rates go up each year. Useta think I couldn't go the insurance route. We have insurance on our sleds for the other persons involed , small incidents we dont claim. In so far as legal advice...seems that there is some expereance talking here !! Take Fosgates advise, sounds like the route too go. Good luck and remember the lessons learned...Dino
Great idea. Then woop his a** if he doesn't pay...
I would bet money there is either more to this story or your buddies version is different than yours. Either way don't fool yourself into thinking this would be a slam dunk if it went to court. Chances are your little contract wouldn't be worth the paper it was written on if you ever did take him to court.
It's a sucky deal your ride is tore up. Everyone hates it when that happens but maybe this will help get your priorities in line and get proper insurance coverage before you ever leave the garage. Hell I hate insurance companies as much as anyone. In the past 30 yrs I have NEVER had ANY claim. I've paid enough in premiums over the years that I could have some really nice stuff added to my collection for what I've paid in insurance premiums but I would NEVER think of going without proper insurance coverage.
It's a sucky deal your ride is tore up. Everyone hates it when that happens but maybe this will help get your priorities in line and get proper insurance coverage before you ever leave the garage. Hell I hate insurance companies as much as anyone. In the past 30 yrs I have NEVER had ANY claim. I've paid enough in premiums over the years that I could have some really nice stuff added to my collection for what I've paid in insurance premiums but I would NEVER think of going without proper insurance coverage.
S
Snow Flake
Guest
You turned in front of him? Own up to your responsibility and do what is fair. I think you know in your heart what that is. Consider yourself very lucky no one was injured or worse. This is an expensive although valuable lesson from the School of hard knocks.
I dont have the money to fix it and i dont have insurance because i cant afford it.
I am sorry but I need to let you re-read your own statement and your answer will be clear.
You are at his mercy, if he decideds to pay for it you will be lucky. He is no different financially than yourself and you admittedly cant afford insurance so why would you hold him to a higher standard? He ****ged up..this is a risky hobby and you know the risks. I emphasise with you however, you figure you can stand the loss of your sled which you agreed to by running no insurance.
Yup, at 200-300 a year..not having insurance on your sled is a pretty bone head move..bummer on the situation but.. could have been avoided for the cost of a few jugs of oil & gas..
oh, and if he ain't 18 talk to his folks they are responsible.
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A
Adrenaline Revolution
Well-known member
This is what a judge would say in court if it went that far....
You were both riding in the forest on a trail? Yes
Are there sperate lanes on these trails? No.
Did you look before turning to the right to "play" No
Did you signal before you turned? No
Do either of you carry insurance on your sleds? No
Did it appear that he willfully hit you? No
You were both riding on an uncontrolled path on un-insured vehicles and it's clear that you were BOTH equally to blame for this accident.
No monetary award will be granted.
Fix your sled and hopefully your "Buddy" will help you.
But some feakin' insurance or leave the sled at home.
I pay @ $250.00 per year for full coverage on my two sleds with a replacement cost of $8.000 for one and $9.000 for the other.
I don't worry about how my sled will get repaired if I get hit and I dam sure don't worry about how I will reimburse another guy that I might hit either because I'm insured.
You were both riding in the forest on a trail? Yes
Are there sperate lanes on these trails? No.
Did you look before turning to the right to "play" No
Did you signal before you turned? No
Do either of you carry insurance on your sleds? No
Did it appear that he willfully hit you? No
You were both riding on an uncontrolled path on un-insured vehicles and it's clear that you were BOTH equally to blame for this accident.
No monetary award will be granted.
Fix your sled and hopefully your "Buddy" will help you.
But some feakin' insurance or leave the sled at home.
I pay @ $250.00 per year for full coverage on my two sleds with a replacement cost of $8.000 for one and $9.000 for the other.
I don't worry about how my sled will get repaired if I get hit and I dam sure don't worry about how I will reimburse another guy that I might hit either because I'm insured.
N
NDflatlander
Active member
There are a lot of guys giving advice on this that are lucky you're not attorneys as you would have your *** in a bind with your malpractice carriers. With that said, I can't offer you any legal advice without getting my *** in a bind with my malpractice carrier.
Just as many other guys have said, you need to get insurance. I was once given some good advice by an uncle who told me you can't afford a snowmobile until you can throw a Benjamin out your car window and not look back. I pay $14 a year for liability insurance on my sled for full coverage or I could be $230 a year for $5K replacement value. I choose not to pay full coverage as I could find most parts for my sled for less than the deductible. That's one or two weekends of going to the bar or one weekend of riding. Owning a snowmobile, but not being able to afford insurance is a pi$$ poor excuse. If you can't afford to insure your RECREATIONAL VEHICLE then you shouldn't be owning one. You're an adult it's time to start taking the responsibility of an adult such as having insurance.
Just as many other guys have said, you need to get insurance. I was once given some good advice by an uncle who told me you can't afford a snowmobile until you can throw a Benjamin out your car window and not look back. I pay $14 a year for liability insurance on my sled for full coverage or I could be $230 a year for $5K replacement value. I choose not to pay full coverage as I could find most parts for my sled for less than the deductible. That's one or two weekends of going to the bar or one weekend of riding. Owning a snowmobile, but not being able to afford insurance is a pi$$ poor excuse. If you can't afford to insure your RECREATIONAL VEHICLE then you shouldn't be owning one. You're an adult it's time to start taking the responsibility of an adult such as having insurance.
please tell me....how many times have you turned off the trail to hit the side of it or drop into a medow? and how many times have to looked behind you when you turned? he is the one who wasnt paying attention while passing but you think you would be watching in front of you while passing at a high rate of speed and on the wrong side! he said it was his fault and he is manning up to his mistake and is going to pay for it.
I gotta agree with you on this, when I Ride I never jet up in front of my friends without warning sleds are loud you can't hear the other people behind you, they accelerate very quickly I would never try to overtake another sled without warning, it's recipe for disaster. When it comes to riding in groups like skiing "the downhill (or in this case ahead) rider has the right of way.
for one do you pass on the hwy on the right?....no. the rider up front has right of way and you have to watch him! especially when you are trying to pass 2 people at high speeds. it was just dumb but yes **** does happen
