Legal Question in Civil Litigation in Texas
Buyer liability question
2 weeks ago, I sold a new-model motorcycle to an individual. As it was a weekend and I was in the process of moving, I allowed the buyer to purchase the bike with $500 down and a note of loan approvial from his local bank. The buyer signs a contract that he will pay the remaining $4500 within 4 days. As the motorcycle is not currently registered (it had expired temporary plates), he agrees not to ride the vehicle and secure it against theft. He provides a photocopied DL and other personal info.
The buyer dissappears with the motorcycle. I recover it, 2 weeks later, in the impound yard. Getting it out costs, $300. I do manage to locate the buyer, who is just getting out of the hospital. An accident report finds that he went drinking with a passenger and manages to have an accident, without involving another party.
He refuses to pay for the motorcycle (totaled).
This individual did not insure the motorcycle, but he does have comprehensive automobile coverage. Will his automobile policy cover him on this vehicle (since he did not complete payment)? What about city property damage that he incurred while riding it?
1 Answer from Attorneys
Re: Buyer liability question
It doesn't appear that the insurance policy covers the motorcycle for property damage. Any damages may be recovered from him in small claims court. I don't know what the status of the note is, but you may be able to accelerate payment on the note. As far as damages to city property, he would be responsible since he is the one who caused the damage.
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