Legal Question in Insurance Law in Pennsylvania

Private Vehicle Sale / Waiver of Liability for ''Test Driving'' the Uninsured Ve

I recently posted advertisements for the sale of a motorcycle which I own outright (a 2001 model w/ very low miles & free from defects). In the last year or so, however, I have allowed both the vehicle registration & my liability insurance to expire as I have not been driving the motorcycle. Given the likely chance that a prospective buyer would want to take the motorcycle for a 'test ride' (perhaps a short ride around the block) before deciding whether they want to purchase it, I was wondering if it would be legal/enforceable for me to draw up a waiver of liability to be signed by such prospective buyers--the effect of which would release any/all claims against me in the event he/she were to be injured during such a theoretical 'test ride.' Thank you very much--any input or feedback is much appreciated!


Asked on 9/27/04, 12:47 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Private Vehicle Sale / Waiver of Liability for ''Test Driving'' the Uninsure

well, yes, you can draft a release whereby the rider would assume all risk of injury and traffic violations that HE might incur. But that would not prevent you from liability (civil or possible traffic violations) for negligent entrustment, or violation of the insurance laws from third-parties.

The only safe thing to do is trailer the bike to a some private property, like a big empty parking lot, to allow the testing.

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Answered on 9/27/04, 2:28 pm


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