Legal Question in Personal Injury in California
Motorcycle Accident
I accidently crashed my friends motorcycle into a parked car. He did not insist for me to pay for the damages, but about two months later he wanted 3,000 dollars. Can he take me to court and make me pay him?
4 Answers from Attorneys
Re: Motorcycle Accident
Of course he can. Why should he have to absorb the cost of damage you caused? The fact that he waited two months to ask for the money is a non-issue. He has plenty of time in which to sue you before the limitations period runs.
Re: Motorcycle Accident
Probably. You can argue he waived all rights, but he probably later received a claim, didn't know it was coming, and now must seek indemnification from you. You had nothing in writing so the waiver argument is weakened and he may deny, further, any claim he didn't know he had can be revived.
Re: Motorcycle Accident
Yes.
Re: Motorcycle Accident
There might be a creative lawyer whose expert examines the motorcycle and opines that a defect in the bike caused it to crash. But probably, you'd have to pay the lawyer a lot more than the money you owe to your friend to support that defense!