Is the owner of a uninsured motorcycle responsible for damages ifit causescycle to another’s car while they are both parked?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption