Legal Question in Consumer Law in Pennsylvania

Dropped motorized scooter on test ride

I was looking at buying a motorized scooter from a local dealership. I went to look at them and test ride one. The sales guy said no problem and took me outside. He started the scooter, and said ''here you go'' never even asked if I had a motorcycle license. (I don't, just received my permit) Upon exiting the dealership, I ''dropped'' the scooter scraping the entire one side. When I returned, they said I owed them for the damage, being flustered in the whole situation I agreed and wrote them a check. Now that I was able to think about this, it should be their insurance covering the damage. I went back to discuss this with the general manager, he will not return the check, and for the time being I put a stop payment on it until I can figure out if I truly am financially responsible. Am I legally obligated to pay for the damge?


Asked on 6/30/08, 2:52 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Dropped motorized scooter on test ride

You asked about damage for dropping a scooter.

Generally you would not be liable for damage during a test ride. That's why a lot of motorcycle dealerships simply don't allow test rides.

Make sure to renew the stop payment or find out how to permanently cancel that check with your bank. If the dealership pursue you the you would need a lawyer. If the dealership threatens about a fraudulent check then you will definitely need a lawyer to assert an affirmative defense.

They should not pursue this as a fraudulent check. But be aware that the stop payment does expire. Depending on your circumstances I would even suggest asking the bank for a new account number so that that outstanding check will not pass. Be warned that this is an extraordinary means and will definitely need a lawyer for any defense.

Regards,

Roger

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Answered on 6/30/08, 4:12 pm


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