hmm hmm they will but its just a kick to the balls. its a total cheap shot. they're playing it dirty.
getting sued
- Thread starter tyler1blaster
- Start date
I wouldnt let ANYONE ride on my property at all without something in writing about not being responsible for injuries. There are all kinds of people out there, and some will sue just because they are greedy.
Who cares if they have lots of money and a good job. Why should they foot the bill because you guys were being careless. It is your responsibility to care for guests on your property.
Im sure they could have handled it differently, but they obviously approached your parents about this, and seemed to be trying to handle it civilly. I have had things happen to others stuff on my property, and my insurance paid for it.
Insurance companies do not want to give their money away, and will probably resist paying for damages unless legal action is taken to prove that it happened this way, and is not some sort of scam.
I am fairly certain this is not a personal attack on you or your parents, but probably just a means to an end to get your insurance company to pay for the bills as they should. One incident will probably not make your rates go up, but if this was a regular occurance then Im sure you will se a difference.
Take it as a lesson in safety, and not a personal vendetta.
Who cares if they have lots of money and a good job. Why should they foot the bill because you guys were being careless. It is your responsibility to care for guests on your property.
Im sure they could have handled it differently, but they obviously approached your parents about this, and seemed to be trying to handle it civilly. I have had things happen to others stuff on my property, and my insurance paid for it.
Insurance companies do not want to give their money away, and will probably resist paying for damages unless legal action is taken to prove that it happened this way, and is not some sort of scam.
I am fairly certain this is not a personal attack on you or your parents, but probably just a means to an end to get your insurance company to pay for the bills as they should. One incident will probably not make your rates go up, but if this was a regular occurance then Im sure you will se a difference.
Take it as a lesson in safety, and not a personal vendetta.
What sucks about it dude, is you are responsible, and since its your parents property, theyre responsible for you.
It comes down to whos lawyer is better, but its most likely going your parents more money to fight it, than it is to just let their insurance pay for it and they take a hit to their premiums.
Since you were operating the ATV, you are the responsible party in the accident. Its all on you. Youre their responsibility. It sucks, but Im sure you learned a lesson.
1) dont let anyone ride on your property without a notarized waiver
2) dont let anyone ride without a helmet on
3) dont let anyone ride on the back of your quad - make the mofo walk next time.
and most importantly
4) dont be doing any favors to that mofo or his parents anymore.
and hell
5) go onto their property and find some way to get hurt on something of theirs so your parents can sue them (lol this is just a jackass joke)
It comes down to whos lawyer is better, but its most likely going your parents more money to fight it, than it is to just let their insurance pay for it and they take a hit to their premiums.
Since you were operating the ATV, you are the responsible party in the accident. Its all on you. Youre their responsibility. It sucks, but Im sure you learned a lesson.
1) dont let anyone ride on your property without a notarized waiver
2) dont let anyone ride without a helmet on
3) dont let anyone ride on the back of your quad - make the mofo walk next time.
and most importantly
4) dont be doing any favors to that mofo or his parents anymore.
and hell
5) go onto their property and find some way to get hurt on something of theirs so your parents can sue them (lol this is just a jackass joke)
^^^^ this. all of this. ^^^
you gotta get some sort of legal revenge, feed the horses nothing but baked beans, if they have a pool, dump like 100 packs of jello powder in it.
I'm not voicing my opinion on who ls right and who is wrong but you'd be very surprised how much even the most mundane trip to the ER costs. I've got thousands in bills racked up from two trips to the ER, xrays cost hundreds. That being said more than likely they are just sueing basically your insurance company( your parents) so that Their insurance premiums don't go up maybe?good luck.
Heres most likely how it works guys.
They most likely have health insurance. They go to the ER, insurance info is taken. The ER people ask about the circumstance that surrounds the event. They tell them their kid fell off an ATV being driven by another while on that others property. Info goes into the claim.
Their insurance company gets the bill and goes over it and they get a red light. Their insurance company sees it happened on someone elses property and they might be able to weasel their way out of paying, so lets pursue the property owner because after all, thats what their home/property insurance is for isnt it?
Most likely, they were told by their insurance company they wont be footing the bill, and if they dont want to pay it themselves, the path leads to Tylers parents insurance company.
Its america guys. Its all about passing the buck. Nobody wants to pay for sh*t. Lets make this other guy pay for it. I dont want to pay for it.
They most likely have health insurance. They go to the ER, insurance info is taken. The ER people ask about the circumstance that surrounds the event. They tell them their kid fell off an ATV being driven by another while on that others property. Info goes into the claim.
Their insurance company gets the bill and goes over it and they get a red light. Their insurance company sees it happened on someone elses property and they might be able to weasel their way out of paying, so lets pursue the property owner because after all, thats what their home/property insurance is for isnt it?
Most likely, they were told by their insurance company they wont be footing the bill, and if they dont want to pay it themselves, the path leads to Tylers parents insurance company.
Its america guys. Its all about passing the buck. Nobody wants to pay for sh*t. Lets make this other guy pay for it. I dont want to pay for it.
Sorry, Tyler, cuz obviously you are upset, but frankly, you shouldn't sweat it. This is just an insurance thing. The liitle dumbass's parents are rolling it over to your parents because they don't want to pay any part of it, whether it be a deductible on health insurance or vehicle insurance. It happened on your property, the liability is yours if someone wants to file a claim. Your parents have homeowners insurance that will cover it. The worse that will happen is maybe their premiums go up for a couple years. And yeah, THAT kinda sucks.
i mean i understand this whole situation. but we've done a lot of nice things for them and they do this. if this kid was my son that got hurt, no matter how expensive it was i would let it go and try to forget about it. this whole thing gets me feeling bad about my self because i was driving. but slowly and cautiously. does common sensce kick in? hold on maybe? i under stand the legal terms. but i dont understand why people can't live up to their word and not just think about them selves?
well, that's the world today, A lot of greedy dishonest bastards out there to make money and be selfish.
Can't change it.
Well, it doesn't sound like they are trying to make money, just not be out any. The prob with that is that they knew their son was out riding and should have accepted the consequences of that without looking for someone else to foot the bill.
"You pays your money and takes your chances"
"You pays your money and takes your chances"
hmmm hmmm. and when they came over to take him to go to the hospital i said it was a freak accident and his mom said it sure was its not your fault.
wow. I rolled my honda and popped my arm out and broke my nose and a finger and my dad was just sitting on the Sportsman yelling at me to get up and get the Fourtrax back on its wheels before it floods. lol
Protective parents make me laugh.
Protective parents make me laugh.
A couple of things...
most states: riding an atv without a helmet is illegal, riding double on an atv is illegal.
$2500 is an ER visit,x-rays and a cat scan.
Your only defense would be 'contributary negligence" as he choose not to wear a helmet and chose to ride double.
The lawyer bills will be more expensive than setteling for the full amount
Waivers have been mentioned a couple times.. Waivers are pretty worthless. They will NOT keep you from getting sued. They provide very limited protection in court. If he and his parents had signed a notarized waiver exempting you from responsibility for riding on your property, it may hold up i he crashed his bike, hower you were (in the eyes of the law 'negligent' for) riding double and allowing him to ride double without a helmet and you failed to operate the vehicle an a safe manner proventing injury. negligence on your part would void a waiver.
Your best bet is to ask the court for arbitration and offer to pay 1/2 the medical bills not of fault but of compassion
most states: riding an atv without a helmet is illegal, riding double on an atv is illegal.
$2500 is an ER visit,x-rays and a cat scan.
Your only defense would be 'contributary negligence" as he choose not to wear a helmet and chose to ride double.
The lawyer bills will be more expensive than setteling for the full amount
Waivers have been mentioned a couple times.. Waivers are pretty worthless. They will NOT keep you from getting sued. They provide very limited protection in court. If he and his parents had signed a notarized waiver exempting you from responsibility for riding on your property, it may hold up i he crashed his bike, hower you were (in the eyes of the law 'negligent' for) riding double and allowing him to ride double without a helmet and you failed to operate the vehicle an a safe manner proventing injury. negligence on your part would void a waiver.
Your best bet is to ask the court for arbitration and offer to pay 1/2 the medical bills not of fault but of compassion
Sorry tim but I disagree.They were both being careless so why should tylers parents be responsible.The parents should be responsible for there own childs actions.If his parents have good jobs then what does it matter.Their insurance that they or there employer pays for would cover it and there would not be any surcharges for filing against it.The only bills would be what the insurance company doesn't pick up.His property or not,they shouldn't be allowed to sue and should have brought this up with his parents first.I know it may hold up in law for the fact that it happened on his property but any normal judge would not let it happen.I would just kick this kids ass really good in school and let him receive more medical bills.Maybe he would sue the school since it happened there.I don't like to get violent but if any of my friends did this to me I would be knocking down there doors and taking out him and his parents.Teach them poor mofo's a lesson.IMo
Depends Awk.
Most likely it goes under homeowners. Since most states (I dont think there are ANY) that require ATV insurance. So since its an item on the property, but doesnt have its own insurance coverage, it falls under the homeowners insurance.
I know thats how it would be for mine.
Most likely it goes under homeowners. Since most states (I dont think there are ANY) that require ATV insurance. So since its an item on the property, but doesnt have its own insurance coverage, it falls under the homeowners insurance.
I know thats how it would be for mine.
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