a friend asked to test ride my brand new bike and he wrecked it, i had not yet added it to my insurance and his insurance wont pay, who is liable?

Asked on July 3, 2009 under Accident Law, California


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

He is!  There is a difference between liability and insurance coverage.  If he is an adult and owns a house, he may have coverage on his homeowner's policy.  If he is a minor and his parents own a house, same deal.  You might have coverage on your homeowner's policy, as well, even if you didn't add it to the policy yet.  Check into it.  In any event, covered or not, your friend is responsible for the damage he caused to your bike.  You can ask him nicely to pay for it, or you can take him to small claims court.  The maximum amount you can sue for is $7500.

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