What to do if I was selling my next door neighbor my bike and he drove off and wrecked it?

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What to do if I was selling my next door neighbor my bike and he drove off and wrecked it?

He put insurance on it in his name and we signed a contract for the price of the bike and gave a payment deadline Unfortunately, he got hit from behind by a car. We filed a police report and he filed an insurance claim report, which eventually was dropped because he never followed through. He’s told me that he’s not going to pay anything even though we had a contract. I’ve been paying the bank for a broke bike in a shop that needs a boatloads of work and is racking up charges.

Asked on March 20, 2013 under Accident Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay so you are going to have to sue him for a breach of the contract.  Depending on the amount this could be in small claims court.  You are going to have to speak with a lawyer about the possibility of also suing the driver of the other vehicle (but you have an issue as to your ability to do so given the contract) and the issue with the insurance (if you can step in to his shoes and start the claim again or reinstate his claim).  Good luck.


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