My husband's friend wrecked my Buddy!

Discussion of the Genuine Buddy, Hooligan, Black Jack and other topics, both scooter related and not

Moderator: Modern Buddy Staff

ldrape
Member
Posts: 15
Joined: Sun Jun 29, 2008 8:09 pm
Location: Ohio

Husband's friend wrecked my Buddy

Post by ldrape »

Ok I shouldn't have done this. But I let my husband's friend borrow my Buddy to take his motorcycle test. I thought it would be ok since he's been riding motorcycles for over 25 yrs with his temps. He wrecked it during his test. :cry: Front fender,front panel side panel and top case all scratched up. Broke mirror off, headlight, handle bars are scratched and broken. I called my insurance company and they said it falls on me. And not this guys insurance to pay. I don't think thats right. Has anyone else heard of this? I think his insurance should cover it. Since he wrecked it. He wrecked it this morning so I'm still pretty upset about it. Any advice?
User avatar
jmazza
Moderator
Posts: 2960
Joined: Tue Dec 11, 2007 10:03 pm
Location: Broomfield, CO

Post by jmazza »

(I split this into its own topic from the Who's Crashed thread so it can get more visibility and an answer!)

Sorry to hear about this but unfortunately, yes, it's on your insurance as you loaned him the bike.

He could (and should), of course, offer to pay for the repairs.
User avatar
KRUSTYburger
Member
Posts: 3366
Joined: Sun Feb 10, 2008 1:54 am
Location: Pee-Cola, FL

Post by KRUSTYburger »

ldrape wrote:Front fender,front panel side panel and top case all scratched up. Broke mirror off, headlight, handle bars are scratched and broken.
What kind of tests do they do in Ohio? :shock:
Image
User avatar
jfrost2
Member
Posts: 4782
Joined: Sun Feb 17, 2008 1:32 am
Location: Somewhere in Ohio, Maybe.

Post by jfrost2 »

I was already getting bad vibes when he's been riding for 25 years...on temps.

If insurance wont handle it, just make the guy pay full price out of his pocket and buy you a new bike. Sell the bike for OEM parts since the front is wrecked, if the back engine and other parts are good, they can be sold, such as the back suspension, the engine itself, the rear rim, tire....
User avatar
KRUSTYburger
Member
Posts: 3366
Joined: Sun Feb 10, 2008 1:54 am
Location: Pee-Cola, FL

Post by KRUSTYburger »

jfrost2 wrote:I was already getting bad vibes when he's been riding for 25 years...on temps.

If insurance wont handle it, just make the guy pay full price out of his pocket and buy you a new bike. Sell the bike for OEM parts since the front is wrecked, if the back engine and other parts are good, they can be sold, such as the back suspension, the engine itself, the rear rim, tire....
That seems pretty excessive. he should be made to pay to replace the panels, mirror, and headlight...
Image
User avatar
jfrost2
Member
Posts: 4782
Joined: Sun Feb 17, 2008 1:32 am
Location: Somewhere in Ohio, Maybe.

Post by jfrost2 »

Oh by wrecked I thought she meant totaled along with the front of the frame.

If the frame is straight, all the exterior panels can be bought cheap, maybe 400-500 dollars for all that work, maybe more.
User avatar
ericalm
Site Admin
Posts: 16842
Joined: Sat Jun 10, 2006 3:01 am
Location: Los Angeles, CA
Contact:

Post by ericalm »

ldrape wrote:Ok I shouldn't have done this. But I let my husband's friend borrow my Buddy to take his motorcycle test. I thought it would be ok since he's been riding motorcycles for over 25 yrs with his temps. He wrecked it during his test. :cry: Front fender,front panel side panel and top case all scratched up. Broke mirror off, headlight, handle bars are scratched and broken. I called my insurance company and they said it falls on me. And not this guys insurance to pay. I don't think thats right. Has anyone else heard of this? I think his insurance should cover it. Since he wrecked it. He wrecked it this morning so I'm still pretty upset about it. Any advice?
Aw—that sucks!

Coverage is usually for a specific rider on a vehicle. Is your insurance saying they won't cover it at all or just that if will go on your insurance, not his? Even if it falls on you, your husband's friend should offer to pay any costs or deductibles.

Sadly, I was talking to some dealers and other scooteratis recently about crashes in the first few weeks, hours or days of ownership. They agreed that motorcycle riders are the absolute worst on a modern scooter, mostly because they're overconfident and don't realize they have to learn a totally new way of controlling the throttle.

Sorry to hear about this. Though it's no consolation, we've had several reports at this point of someone loaning a scooter only to have it crashed. No one rides my scoots except me and my mechanic!
Eric // LA Scooter Meetup Group // Stella 4T // Vespa LX // Vespa LXS // Honda Helix // some, uh, projects…
Angela
Member
Posts: 580
Joined: Wed Nov 12, 2008 7:06 pm
Location: San Diego, CA

Post by Angela »

I'm so sorry.

I hope this works out for you.
User avatar
Rob
Member
Posts: 1177
Joined: Sun Sep 07, 2008 10:09 pm
Location: Munster, IN (Chicago 'burb)

Re: Husband's friend wrecked my Buddy

Post by Rob »

ldrape wrote:Any advice?
Castrate the SOB.

Rob
"Sponges grow in the ocean. That just kills me. I wonder how much deeper the ocean would be if that didn't happen."
- Steven Wright
kennelkeeper
Member
Posts: 12
Joined: Wed Feb 21, 2007 8:21 pm
Location: heartland

Post by kennelkeeper »

Sorry to hear this. My policy is that "friends don't let friends ride their scooters". It never turns out well. He should 'man up' and pay for the repairs.
jijifer
Member
Posts: 1450
Joined: Mon Mar 30, 2009 4:18 pm
Location: San Diego

Post by jijifer »

This truly totally sucks. I can tell you that you're looking at nearly $1k in repairs as my scooter just got repaired with much of the same damage. The headlight costs a couple of hundred alone since it's a 2 hour repair. It looked cosmetic to me so I was amazed my bill came to $1300.

My insurance says I'm liable if I loan my scooter out and I don't think that means THEY will cover it for me.

Yes, this guy should make this right without you having to incur an increase of premiums to do so. This is an awful situation - nightmare actually.

Good luck and I hope this man pays you in kind as you were so generous to loan it to him.
User avatar
fretman
Member
Posts: 172
Joined: Thu Jan 08, 2009 5:55 am
Location: Brooklyn, NYC

Post by fretman »

:shock: :evil: :cry:
You know scooter is scooter!
User avatar
bigbropgo
Member
Posts: 1607
Joined: Thu Jul 31, 2008 1:41 am
Location: gotham city and the 801

Post by bigbropgo »

how good of friend is he? wanna go burn his house down?
j/k i hope he asks for your forgiveness like he should. and offers to make it right.
no i don't ride a scooter, i am a scooter pilot!
Image
VICTUS MORTUUS VENATOR
Image
User avatar
dakotamouse
Member
Posts: 439
Joined: Tue Oct 21, 2008 12:50 am
Location: North Dakota

Post by dakotamouse »

I'll bet he grabbed the brake like it was the clutch. When I got my scoot that was the first thing I had to break myself of. A real friend would be bending over backwards to make things right with you.

I offered to let a friend drive my scoot and he raised both hands and said noooooo!!!! I'm not going to be responsible for the first scratch!
Ride what you like so you'll love to ride!
Scooterist Extraordinaire!
User avatar
r0sa
Member
Posts: 1313
Joined: Sat Apr 12, 2008 2:38 pm
Location: Austin, TX

Post by r0sa »

i hope things turn out right!

so im curious, what did he say to you as he was giving you your scooter back?
User avatar
brush pick
Member
Posts: 25
Joined: Sat Jul 04, 2009 4:37 am
Location: Denver, CO

Post by brush pick »

I know how devastated you must feel.
Prairiedale
Member
Posts: 34
Joined: Sun May 03, 2009 5:22 am

Post by Prairiedale »

bummer. I love to let other people ride my bikes, but its always someone I know well enough that if something happens they'll make me whole. I hope your hubby's friend is bending over backwards to do the same for you.
User avatar
fretman
Member
Posts: 172
Joined: Thu Jan 08, 2009 5:55 am
Location: Brooklyn, NYC

Post by fretman »

I'm guessing he didn't pass the test then? :roll: Just out of curiousity, do you know at what point he crashed? Figure 8's? Circles? Just drivin' around? It's truly a sad and unfortunate story, but the visual I'm getting (if nobody was hurt) is a bit comical.

When I took the road test, I witnessed a dozen or more MC riders fail within seconds, by putting a foot down. There were seasoned bikers in line, begging to borrow scooters. Sure it's easier to do the maneuvers on a scoot, but as your story illustrates, riding one cold, coming from an MC, is probably a bad idea. Scooter is not motorcycle. Scooter is scooter. ;)
You know scooter is scooter!
User avatar
mojobuddy70cc
Banned
Posts: 177
Joined: Fri Jun 19, 2009 11:27 pm
Location: raleigh,nc

hmmm

Post by mojobuddy70cc »

sounds like your "friend" just bought a Buddy,,?? but this makes me wonder if there is a market for "test scooters" rentals, just rent one, pass your safety exam,,but insurance probably would be an issue too..
User avatar
BuddyLicious
Member
Posts: 724
Joined: Sun May 11, 2008 1:29 pm
Location: Murray,Kentucky

Post by BuddyLicious »

Sorry to be the bad guy here but the OP should be 100% responsible for the repairs.The Buddy was under the full control and responsibility of the OP. Being nice or giving doesn't have anything to to with legalities.If the Friend who rode the buddy steps up thats great but that should not be expected by the OP.I just sold a minibike that I rode around on in my neighborhood.You wouldn't believe how many people asked to ride it,including strangers.I had to say no simply because if something happened it would fall on my shoulders.Sorry.
Aerosmith, None Other.
User avatar
Quo Vadimus
Member
Posts: 710
Joined: Thu Mar 20, 2008 1:39 pm
Location: Ann Arbor, MI

Post by Quo Vadimus »

small claims court should get you most of the cost of repairs back.
User avatar
jmazza
Moderator
Posts: 2960
Joined: Tue Dec 11, 2007 10:03 pm
Location: Broomfield, CO

Post by jmazza »

BuddyLicious wrote:Sorry to be the bad guy here but the OP should be 100% responsible for the repairs.The Buddy was under the full control and responsibility of the OP. Being nice or giving doesn't have anything to to with legalities.If the Friend who rode the buddy steps up thats great but that should not be expected by the OP.I just sold a minibike that I rode around on in my neighborhood.You wouldn't believe how many people asked to ride it,including strangers.I had to say no simply because if something happened it would fall on my shoulders.Sorry.
I don't think anyone is saying the OP isn't responsible, just that the standup thing to do would be for the person who wrecked to offer to pay. Obviously if you loan something, you take the risk of it not coming back as it was loaned out. But common courtesy would say that it's a pretty crappy thing to do to borrow someone's scooter, wreck it, and then just say "oh well, here ya go! Thanks!".
Quo Vadimus wrote:small claims court should get you most of the cost of repairs back.
How? You can't sue someone for borrowing and breaking something you loaned him, can you?
User avatar
maribell
Member
Posts: 592
Joined: Mon Feb 11, 2008 9:16 pm
Location: Austin, Texas

Post by maribell »

So from what I have seen on Judge Joe Brown, you can sue the OP but you are unlikely to recover your full costs. What has yu husband's friend said so far? This is the sort of thing that can ruin a friendship...
Image
User avatar
jmazza
Moderator
Posts: 2960
Joined: Tue Dec 11, 2007 10:03 pm
Location: Broomfield, CO

Post by jmazza »

I'd sue your husband.
User avatar
pcbikedude
Member
Posts: 1194
Joined: Wed Jun 13, 2007 9:09 pm
Location: The Cajon Zone

Post by pcbikedude »

There is a bright side for you: This has got to be worth at least year's of honey-do's, and dragging him to chick flicks, spa treatments, trips and "cultural events". :twisted:
The scenery only changes for the lead scooterist.
User avatar
chloefpuff
Member
Posts: 704
Joined: Wed Jul 16, 2008 3:32 pm
Location: west michigan

Post by chloefpuff »

sorry. that sucks.big.time

what has the friend offered to do?
so tough, so pink
User avatar
Tocsik
Member
Posts: 1918
Joined: Mon Jun 02, 2008 8:40 pm
Location: Denver

Post by Tocsik »

If your husband's "friend" does not make this right, then "friend = dickbag".

Sorry, but that's just irresponsible. Even if some say you are responsible for the repairs, a decent person would make good on this. If not, your husband needs to raise his standards.
.::I know the voices in my head aren't real, but man do they come up with some great ideas::.
Image
User avatar
DIPA
Member
Posts: 118
Joined: Wed Nov 19, 2008 5:53 pm
Location: Philly

Re: hmmm

Post by DIPA »

mojobuddy70cc wrote:but this makes me wonder if there is a market for "test scooters" rentals, just rent one, pass your safety exam,,but insurance probably would be an issue too..
This does exist:

http://cnj.craigslist.org/mcy/1262559921.html

Not sure how the insurance works, though.
Vic
Member
Posts: 1001
Joined: Wed Oct 01, 2008 2:11 pm
Location: Squad 51

Post by Vic »

Sad to say but when you give someone permission to use your vehicle you are also accepting responsibility for what they choose to do on it, and that includes making a mess of things.

Hopefully, he will be willing to pay for the deductible, because you were being very nice to let him take his test on your bike and it is the right thing to do.

One of the lessons here is to make certain you are sure you know the laws and regulations about who is responsible for what in various situations, and if someone has been riding for 25 years on temps I would want to know why, with that much experience they don't feel confident they can pass the test on the bike they have been riding all that time. Not to mention WHY he never bothered for the last 25 years to go ahead and get his endorsement... :wha:

You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.

Some insurance companies actually ask you for the names of all the people in your household that are a specific age (sometimes as young as age 10) and above and the policy specifically EXCLUDES them as drivers on the policy. I had Safe Auto for a while and my 10 year old son was listed as an excluded driver on my policy.

Good luck.

-v
jijifer
Member
Posts: 1450
Joined: Mon Mar 30, 2009 4:18 pm
Location: San Diego

Post by jijifer »

dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.
robby
Member
Posts: 363
Joined: Fri Jul 03, 2009 4:51 pm
Location: Somerville, MA

Post by robby »

jijifer wrote:
dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.
Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?
jijifer
Member
Posts: 1450
Joined: Mon Mar 30, 2009 4:18 pm
Location: San Diego

Post by jijifer »

robby wrote:
jijifer wrote:
dakotamouse wrote:I'll bet he grabbed the brake like it was the clutch. ...
TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.
Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?
They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.

I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
User avatar
carreybat
Member
Posts: 137
Joined: Sat Aug 16, 2008 5:44 am
Location: Warminster, PA

Post by carreybat »

so what has happened OP?!?
robby
Member
Posts: 363
Joined: Fri Jul 03, 2009 4:51 pm
Location: Somerville, MA

Post by robby »

jijifer wrote:
robby wrote:
jijifer wrote: TOTALLY! While pulling the throttle - no doubt! That's why after Day 1 of skills at MSF, I concluded that I need to bring my scooter the next day for the test. Every time I had to squeeze my left hand hard, my mind would ping with warning. I don't think I ever used my back brake day one either since I couldn't remember it was at my right foot - consequently, I was also the only person who never stalled on stopping since my clutch was being engaged as my brain thought of it as a break. It was clear to me that learning riding skills on a motorcycle was NOT going to help me on my scooter. So I brought my scooter the for Day Two and the test. 100% yo! Me and another lady were the only ones in class to get 100% on skills.
Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?
They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.

I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
Nice! Just called and they confirmed. Whew.
User avatar
Lookin' To Scoot
Member
Posts: 151
Joined: Sat Mar 28, 2009 8:56 pm
Location: Arizona

Post by Lookin' To Scoot »

I guess you'll soon find out how good of a "friend" this guy is. I don't believe there is any way you and your insurance company are not liable for the repairs. But if this dude doesn't pay the deductible and perhaps just as importantly, make sure the amount of time you have to spend on cleaning up his mess is kept to a minimum, I'd tell your husband he needs to get a new pal. To borrow someone's property and not return it in the same condition, or if something happens to not fix it or pay to have it fixed, is about as low as one can get. The only word I can think of is LOSER.
User avatar
Quo Vadimus
Member
Posts: 710
Joined: Thu Mar 20, 2008 1:39 pm
Location: Ann Arbor, MI

Post by Quo Vadimus »

jmazza wrote:
How? You can't sue someone for borrowing and breaking something you loaned him, can you?
I'm pretty sure OP and borrower had an understood agreement that the scooter would be returned in a certain condition.

You don't think if I invite someone into my house, then they kill my dog, I could sue them? I gave them permission to pet, not kill my dog. Similarly, OP gave permission to ride, not destroy, the scooter. I'll let the actual lawyers argue about whether destruction is part of typical use of a scooter...
Vic wrote:
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
While you might get in some amount of trouble if you give a drunk a car or loan a shotgun to a member of the 10 most wanted club, the offender isn't going free simply because it wasn't their weapon.
User avatar
pugbuddy
Member
Posts: 1659
Joined: Thu Jun 14, 2007 2:31 am
Location: Tulsa OK

Post by pugbuddy »

We've argued it into the ground! We need an update on this horrible situation!
Image
Image
Robert Wayne Henderson (May 16, 1932 - July 28, 2009).
robby
Member
Posts: 363
Joined: Fri Jul 03, 2009 4:51 pm
Location: Somerville, MA

Post by robby »

Quo Vadimus wrote:
jmazza wrote:
How? You can't sue someone for borrowing and breaking something you loaned him, can you?
I'm pretty sure OP and borrower had an understood agreement that the scooter would be returned in a certain condition.

You don't think if I invite someone into my house, then they kill my dog, I could sue them? I gave them permission to pet, not kill my dog. Similarly, OP gave permission to ride, not destroy, the scooter. I'll let the actual lawyers argue about whether destruction is part of typical use of a scooter...
Vic wrote:
You also accept responsibility for the actions of someone if you hand them your keys if they are unlicensed, drunk, or otherwise incapable of driving the vehicle.
While you might get in some amount of trouble if you give a drunk a car or loan a shotgun to a member of the 10 most wanted club, the offender isn't going free simply because it wasn't their weapon.
I'm also not sure what he meant by that analogy, because at face value it isn't true. If I get a DWI in your car, the DWI is on me, not you.
User avatar
Lookin' To Scoot
Member
Posts: 151
Joined: Sat Mar 28, 2009 8:56 pm
Location: Arizona

Post by Lookin' To Scoot »

In most states the law is pretty clear, the risk of loss is with the owner. It doesn't really matter who has possession of the property or what they are doing with it. In this case, the owner was fully aware that the friend was using the scooter for a motorcyle licensing test and is presumed to be aware of the risks involved.
As if that isn't bad enough, here's where it gets really fun: If there is a defect with the scooter, for instance, the brakes are worn out and need to be replaced. If the owner did not inform the borrower of such (and probably even if the owner did inform the borrower), and the borrower wrecks the scooter while taking his motorcycle license test, the borrower actually has a claim against the owner for his injuries.
Unfortunately, this is a classic example of no good deed going unpunished.
robby
Member
Posts: 363
Joined: Fri Jul 03, 2009 4:51 pm
Location: Somerville, MA

Post by robby »

Lookin' To Scoot wrote:If there is a defect with the scooter, for instance, the brakes are worn out and need to be replaced. If the owner did not inform the borrower of such (and probably even if the owner did inform the borrower), and the borrower wrecks the scooter while taking his motorcycle license test, the borrower actually has a claim against the owner for his injuries.
Hey, this is America! The borrower could probably also sue for emotional damages from failing the test!
User avatar
Syd
Member
Posts: 4686
Joined: Wed Jul 18, 2007 6:41 am
Location: Tempe

Post by Syd »

robby wrote:
jijifer wrote:
robby wrote:
Now you have me nervous. I just signed up for the MSF course next weekend. Would they even let me use my Buddy 50 for it?
They should. Call them. It has to be under 250cc, registered and insured to bring it (with proof of both). They inspect it on site and that's it. By inspect, they make sure it's working by turning it on and squeezing brakes, testing turn signals and looking at the brake lights.

I think MOST folks here have taken the course on the motorcycle provided so it's not like it'll ruin you. That was just my experience and decision I was relaying. My MSF course had no problem with me bringing my scooter.
Nice! Just called and they confirmed. Whew.
I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc [EDIT] make that 100cc[/EDIT], then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.

It may not matter to you, but just in case...
Last edited by Syd on Fri Jul 10, 2009 6:51 pm, edited 1 time in total.
The majority is always sane - Nessus
User avatar
Lookin' To Scoot
Member
Posts: 151
Joined: Sat Mar 28, 2009 8:56 pm
Location: Arizona

Post by Lookin' To Scoot »

Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.

It may not matter to you, but just in case...
Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.
User avatar
Syd
Member
Posts: 4686
Joined: Wed Jul 18, 2007 6:41 am
Location: Tempe

Post by Syd »

Lookin' To Scoot wrote:
Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.

It may not matter to you, but just in case...
Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.
Page iii in the AZ Motorcycle Operator Manual states:
If you test with a 100cc or less motorcycle, you will receive a "J" restriction
Sorry, the 150 was a memory error. Edited above.
The majority is always sane - Nessus
robby
Member
Posts: 363
Joined: Fri Jul 03, 2009 4:51 pm
Location: Somerville, MA

Post by robby »

Weird. There's no mention of that in the Mass manual.
ldrape
Member
Posts: 15
Joined: Sun Jun 29, 2008 8:09 pm
Location: Ohio

Post by ldrape »

Update. I know many are asking how he wrecked it. What my husband tells me is that he wrecked it doing the high speed stop. So I'm assuming he locked the brakes up and gravity took affect and he flipped it. He called my husband to tell him and my husband made him fill out a police report. He has done nothing but apoligize over and over again to my husband. But has yet to call me. He has offered to help pay but time will tell. My insurance company just called to inform me that in the state of Ohio he is liable for 50% of the damage so they will be going after his insurance to pay. I have learned a valuable lesson. Never ever let someone borrow or ride your scooter!!!!!!! Thanks for all your support and comments. I will no more next week when we take it to the dealership to determine how much it's going to cost to fix it. If they can fix it. :cry:
User avatar
rablack
Member
Posts: 113
Joined: Fri Aug 18, 2006 3:33 pm
Location: Houston, Texas
Contact:

Post by rablack »

Putting insurance aside, this was a bailment (loan) for the sole benefit (i.e. no payment) of the bailee (borrower), therefore the bailee's standard of care was higher than ordinary care. The parties' insurance may not cover what happened because of contractual exclusions, but the bailor (the unfortunate OP) has a claim against the bailee for damages.

This is different from loaning your car to a known drunk who injures someone else who then has a right to sue you for negligently lending your car. It's also dissimilar to not warning the borrower of a dangerous condition with the vehicle which results in injury to the borrower who can then sue you for the harm. He borrowed it for free, he broke it presumably through his own negligence, you can sue for the damages. The wisdom of doing so is a separate issue involving extralegal considerations.

[edit - posted this before seeing your update]
Scooterist, lawyer, double bassist www.traveler-music.com
jijifer
Member
Posts: 1450
Joined: Mon Mar 30, 2009 4:18 pm
Location: San Diego

Post by jijifer »

Syd wrote:
Lookin' To Scoot wrote:
Syd wrote:I don't know what the laws in the Bay State are, but in Arizona, if you take the License examination on a motorcycle smaller than 150cc (I think), then your license is limited to motorcycles of that size or smaller. If you take the test on a cycle larger than that (any size larger, say, the bikes provided by the MSF outfit), that limitation does not exist.

It may not matter to you, but just in case...
Really? I've had a motorcycle license for years, and my wife just passed the test on her Buddy 125. We both have the same M endorsement.
Page iii in the AZ Motorcycle Operator Manual states:
If you test with a 100cc or less motorcycle, you will receive a "J" restriction
Sorry, the 150 was a memory error. Edited above.
Definitely varies by state. MSF is not affliated with the DMV. Most States agree that the skills test given at MSF is more comprehensive and thus negates the requirement of testing at the DMV.

Here in CA. They only asked if my scoot was less than 250cc. They don't require any skill in the basic course over 35mph such that a 50cc is plenty for the basic skills test and the certificate given at MSF, here in CA, doesn't mention what size bike you completed the skills on.

I wonder, if in AZ, if you took your 50cc to MSF, if they'd notify the DMV or if they'd just give the same cert saying you've passed the skills test. I can see if you showed up at the DMV with that small bike, they'd note it, but maybe not at the MSF.

Either way, sounds like that's a specific AZ issue.
User avatar
Lookin' To Scoot
Member
Posts: 151
Joined: Sat Mar 28, 2009 8:56 pm
Location: Arizona

Post by Lookin' To Scoot »

Syd- Guess the DMV got it right then. I wasn't with the misses when she took the test, I wonder if they asked her if her scooter was over 100cc or just saw it on the front panel. I'm going to ask her tonight. Either way, thanks for doing the research to clear up the confusion.
User avatar
bluebuddygirl
Member
Posts: 880
Joined: Sat Sep 20, 2008 1:34 am
Location: Akron, OH

Post by bluebuddygirl »

In Ohio and endorsement is an endorsement. You need a full motorcycle endorsement to ride anything besides a moped and it is only considered a moped if it has pedals.

I wonder did your husband's friend ask to borrow the scooter or did you volunteer it. I know that our insurance only covers me and my husband as riders, so if I were to offer the scoot to someone and they wrecked it the cost would be entirely mine, not valid through insurance.

If you offered it up without making sure you were covered you are kind of in a bad spot. If he asked to borrow it, then I would say he should offer to pay or at the very least help pay.
User avatar
Syd
Member
Posts: 4686
Joined: Wed Jul 18, 2007 6:41 am
Location: Tempe

Post by Syd »

Lookin' To Scoot wrote:Syd- Guess the DMV got it right then. I wasn't with the misses when she took the test, I wonder if they asked her if her scooter was over 100cc or just saw it on the front panel. I'm going to ask her tonight. Either way, thanks for doing the research to clear up the confusion.
What's more interesting though, is that I can only find that statement in the Operator's Manual. I tried searching the Title 28 of the Arizona Revised Statutes (the law), but came up empty. So who knows?
The majority is always sane - Nessus
Post Reply