Legal Question in Civil Litigation in Michigan

Liability pertaing to damaged property

I damaged someones snowmobile to the point of it being totaled, the person has chosen not to file an insurance claim and is requesting that I pay the current market value + expenses. I am wondering what how I am liabile in the crash of the snow mobile. And regarding the failure to file an insurance claim whether I would be found liabile to pay the market value.

Regarding the crash, I was given instruction for appr 5 min and the snowmobile was crashed about 10min after the start of getting on the trail. It was my first and last time on such a craft.


Asked on 1/24/05, 1:20 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Liability pertaing to damaged property

You may or may not be liable. If you were simply not instructed sufficiently, a judge or jury may find that stuff just happens. Don't pay and see what happens. William S. Stern 248-353-9400

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Answered on 1/24/05, 5:02 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Liability pertaing to damaged property

It wouldn't hurt to check this out more carefully. One way to do this would be to discuss this matter "off the record" with your insurance agent. If the other party has the snowmobile insured, it should not affect you if he files a claim except possibly for a deductible. Whether or not you or someone else was negligent should not be relevant as long as no one was injured. If you do decide to pay the market value of the snowmobile, why would you also pay "expenses?" If the owner made a claim to an insurance company, he would not get expenses I do not believe.

You should do what you think is right and fair. But get the answers you need first.

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Answered on 1/25/05, 7:22 pm


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