Is the owner of a uninsured motorcycle responsible for damages ifit causescycle to another’s car while they are both parked?
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Is the owner of a uninsured motorcycle responsible for damages ifit causescycle to another’s car while they are both parked?
My daughter’s car was damaged this weekend when a uninsured motorcycle struck her car when an unknown person tipped the cycle over from the parking spot next to her car. Damages are unknown so far, but the owner of the motorcycle claims he’s not responsible because he didn’t do anything. However, the cycle was double parked next to his car in 1 parking spot when this happened. Is he liable for damages?
Asked on October 11, 2010 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
He *may* be liable for damages--it depends on whether the way he parked would be considered "negligent" or unreasonably careless, by the average reasonable person. It what he did was negligent and there was a foreseeable risk of damage to an adjacent vehicle, he may be liable. However, a better issue is whether or not it's even worth attemption to pursue the claim (even in small claims court):
1) If uninsured, you can't submit a claim to his insurer; all you can do is sue him. Even in small claims, that takes some time and money.
2) If he's uninsured, then even if you win, since there's no insurance to collect from, you'd need him to pay you personally. If he does not, you'd have to then try to attach assets or garnish a bank account or wages--more time, effort, and some filing costs.
3) If uninsured, he may not have any income or assets to collect from.
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