Accident on friend's ATV

[ellekayw]

What is the name of your state? Colorado

We were invited to camp with friends on their property. The owner let my husband drive his ATV and my husband, being unfamiliar with the area, flipped it and pretty much totalled it. In the process, my husband also tore all his ligaments in his shoulder, ended up in 2 E/Rs (the 1st was in the boondocks and they were not helpful). He had surgery today and it looks like he'll need 6 months of physical therapy. So now in addition to all these medical bills, the owner of the ATV is telling me the repairs will cost $2500, on a machine worth $4000! We think he ought to file with his insurance company and we'll pay the deductible. THEY are telling us to pay the repair costs (even though that amount would make the thing totalled and not able to be repaired). Then they told us to file with OUR insurance company!

We want to do the right thing, but we're not really sure what that is. I think both parties are equally responsible for BOTH the ATV repair AND our medical bills.

Any thoughts/advice is greatly appreciated.

Sincerely,
LK

 

[divgradcurl]

"We want to do the right thing, but we're not really sure what that is. I think both parties are equally responsible for BOTH the ATV repair AND our medical bills.

Why do you think that the other party has any liability for the ATV repair or your husband's medical bills? Your husband was driving at the time of the accident -- where is the owner's reponsibility?

"We think he ought to file with his insurance company and we'll pay the deductible."

If they do file with their insurance, and the insurance company finds you responsible for the accident, they'll want more than just the deductable from you!

"THEY are telling us to pay the repair costs (even though that amount would make the thing totalled and not able to be repaired). "

Then I guess you could simply pay them fair market value (or blue book, if one exists for the ATV) instead of repairing.

Bottom line, you borrowed the ATV and wrecked it. The fact that it was "borrowed" would only shift liability if the accident were the result of some mechanical failure that the owner knew about and failed to disclose to your husband. The fact that the accident occured on their land really isn't a factor-- what if the accident had occured on BLM (government) land -- would you expect the government to be somehow responsible for your husband's "unfamiliarity" with the terrain?

 

[I AM ALWAYS LIABLE]

My response:

I just love reading how people come up with excuses and justifications for their own negligence - - and try to "pass the buck" hoping that something "sticks to the wall". It's really hilarious sometimes.

"Hey, I had Cheerios for breakfast, so I think he's responsible and not me!"

IAAL