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HELP!! Girlfriend got into a motorcycle accident?
My girlfriend recently signed up for a motorcycle training school in Queens, NY. She did not sign any waivers or fill out any applications. All they did was just get her credit card. They made her ride up and down the block and do turns for 4 hrs. On the day of her road test, she was following the instructor to the road test site. She was going about 45 MPH and the instructor in the car in front of her hit the brakes at the last minute in front of a yellow light. He did not file a police report and now is asking 550 bux for repairs. The motorcycle company is also asking for payment to fix the bike. Thank god my gf is okay, but I think its kind of unusual that they run an operation like that. That being said, I do not think that my gf should pay this. Do you think the instructor or driving school can take legal action against her? Any information would be greatly appreciated.
Public Comments
- They should have had a police report done, it was a moving incident. If they think its worth it they can take legal action, but they will look bad and have some explaining to do. Plus as far as i know if its a training class like drivers ed is, they should have coverage for these types of things, You guys should confront them with this information. Good luck.
- with no photos it didnt happen
- I agree, but your girlfriend was operating a motor vehicle and she rear-ended another vehicle. She didn't leave sufficient space between herself and the car in front of her. She is liable for the accident. The fact that she did or didn't sign anything is irrelevant. It is implied that you will operate any vehicle in a safe manner when driving it.
- Unfortunately, she is at fault for the accident. According to NYS V&TL she has a duty to allow safe distance operating between vehicles. In my career, I have seen this a million times. Police report or not, a couple things can prove the accident and 95% of the time the accident is provable. - An adjuster will match the damage to the car to the motorcycle. - Obtaining any witness information to verify the FOA (facts of the accident). - Taking recorded statements of the facts. You do NOT need a police report in the state of New York for a motor vehicle accident. It is HIGHLY advisable but not required for minor collisions. You DO however need one in the event injuries or a fatality are reported. That is a felony offense. Couple of things you can do though; - First, who owned the motorcycle. In NYS the insurance ALMOST ALWAYS follows the owner of the vehicle. Unless your gf signed some paperwork acting her as a rentee of said vehicle, generally the motorcycle company insurance should be paying for the damages. The damages paid out they cannot subrogate for. - She can be responsible for the damages to instructors car, again the motorcycle company insurance would be primary and hers would be secondary - meaning they will pay only if the first insurance company; (1) denied the claim, (2) paid up to its policy limits. Can you get sued in court? Yes. Anybody can. Will it hold up? No. These tactics you mention are scare tactics. Get the insurance involved and they will stop it. Nobody likes dealing with insurance, especially when people try to claim under the wrong channels. Hope that helps! - Byron
