Legal Question in Personal Injury in Nevada

If a person is invited to ride quads, with family members, then wrecks the quad, is that person responsible for the damage done to the quad??(a quad is a 4-wheel ATV.)


Asked on 5/27/11, 4:10 pm

1 Answer from Attorneys

David Otto David Otto & Affiliates, PC

That's a good question. Well, let's see. Usually insurance wouldn't cover off road vehicles without a special endorsement. The special endorsement would most likely name the quad's owner as the insured. So, if a guest rider as you describe were riding it, and the owner had such insurance - which would be a really good idea, then that insurance would pick up the tab or some of it for the damage.

Now, assuming there is no insurance on the quad, if you are a permissive rider of the owner's quad, the owner could claim that you are responsible for the damage. I don't know whether the guest rider would be responsible or not and it would be based, I believe on whether the guest rider was negligent - careless in the operation of the off road vehicle. On the other hand, accidents. happen. My gut feeling is that the owner assumed the risk of damage to the quad based on the nature of the recreational activity. Sometimes there are just accidents. My gut feeling is, without a showing and a finding by a court that the guest operator - as long as such use was with the owner's permission - would not be responsible for the damage caused.

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Answered on 5/27/11, 6:39 pm


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