Responsibility

[The Stranger]

Your mate asks you to take his bike to the workshop for a service.
You weren't going to the workshop, but hey being a nice guy or girl you take some time out of your busy day and run it in.

Oh Fuck, you're not used to - well whatever, say the power - you gas it up and drop it or the brakes or anything. Ok, point is, whatever happend the accident was your fault.

Who pays? Insured or not, there is still an excess to pay.

I mean, you were only doing your mate a favour at his behest and at his request, but your mate didn't ask you to destroy the thing.

No, it's not an actual incident, so no good asking me questions about the ficticious accident, what's the broad principal? All care but no responsibility or you bend it you mend it?

[Littleman]

You should pay.

You know Gareth can't handle the horsepower of the XT.

[The Lone Rider]

I think the general ASSUMPTION is that if you LET someone use your bike or handle it or look after it, you waive them liability for damanges UNLESS it was due to them being negligent or stupid.

Ok, yeah.. if he just cruising down road and accidently clipped a mirror on a street sign (fucked if I know - just an example) my own problem to replace the mirror.

If he decided to go for a joy ride and crashed it, his ass is grass.

You get my drift.

[ManDownUnder]

Person dropping it pays the costs the insured party would otherwise suffer. It's insured against risk, and the risk taken was lending to another person (whether they are doing a favour or not - it's a risk).

Been there personally, I owned the issue - end of story.

[dpex]

Your mate asks you to take his bike to the workshop for a service.
You weren't going to the workshop, but hey being a nice guy or girl you take some time out of your busy day and run it in.

Oh Fuck, you're not used to - well whatever, say the power - you gas it up and drop it or the brakes or anything. Ok, point is, whatever happend the accident was your fault.

Who pays? Insured or not, there is still an excess to pay.

I mean, you were only doing your mate a favour at his behest and at his request, but your mate didn't ask you to destroy the thing.

No, it's not an actual incident, so no good asking me questions about the ficticious accident, what's the broad principal? All care but no responsibility or you bend it you mend it?

Irrespective of any assumed responsibility, the rider is always the first in the firing line. The rider, by being such, by extension acknowledges the possibility of being involved in an incident. If and when he is, he assumes the roll of the primary insured, as regards excess payments.

Just because he was doing the owner a favour, does not absolve him from responsibility in an incident unless the owner and the rider agreed on an all-care-no-responsibility deal 'prior' to the rider, riding.

[Blossom]

Just because he was doing the owner a favour, does not absolve him from responsibility in an incident unless the owner and the rider agreed on an all-care-no-responsibility deal 'prior' to the rider, riding.

yep what he said.
Having actually had a crash in someone elses car, when I was hit by a drunk driver (totally his fault, went to jail over it yada yada) Obviously it depends on who is at fault.
His...then insurance should cover it
Mine... I will pay the excess
No insurance... I am not doing that favour in the first place.

[Pascal]

Just because he was doing the owner a favour, does not absolve him from responsibility in an incident unless the owner and the rider agreed on an all-care-no-responsibility deal 'prior' to the rider, riding.

I agree with this. Yes, you are helping a mate out at a request, but at the end of the day you are responsible for the motorcycle. If you do not feel comfortable with his ride, simply say "No, I don't think I can ride your bike safely."

Besides, if I binned a mates' ride I'd want to pay for it. It just wouldn't feel right leaving them with the responsibility for my accident.

[Mom]

His...then insurance should cover it
Mine... I will pay the excess
No insurance... I am not doing that favour in the first place.

What you said :niceone:

[Swoop]

It's insured against rick,
*Makes mantal note to beware of this chap "Rick"*

[racerhead]

Id pay for the damage done or atleast pay the excess on the insurance(if any).
Dont think Id be able to just walk away from it because Id just feel bad for doing it for a mate.

[The Pastor]

i voted pay for it, but in reality i just dont have the money to do that. but yeah i'd pay it off by payments or pay the excess

most insurance companys let you pay them with instalments - say $100 a week or so no extra fees or anything.

[jrandom]

I always double-check insurance arrangements and agree on who's going to pay the excess in the case of an 'incident' before I touch someone else's bike.

If I'm transporting it for them as a favour I'd probably look to go halves.

For similar reasons, I've given up helping friends and family out by fixing their computers. It just ain't worth the grief when something inevitably goes wrong down the track.

[Katman]

i voted pay for it, but in reality i just dont have the money to do that. but yeah i'd pay it off by payments or pay the excess



You soooo don't suit your custom user title anymore.

:oi-grr:

[The Pastor]

You soooo don't suit your custom user title anymore.
there is a line on the sand between bad ass and complete dickwad/being a katman, and that line is your mates bike.

[The Stranger]

For similar reasons, I've given up helping friends and family out by fixing their computers. It just ain't worth the grief when something inevitably goes wrong down the track.

Isn't this the net result of the you bend it you mend it option in this circumstance?
I ask Gareth to take my bike in for me.
He says to himself, nah, I don't want to be responsible, and says to me sorry Noel, I aint going to do it. I loose that option and we have established a principal that it is inequitable to do someone else a favour.

Now sure, there could be some discussion at this point to establish liability etc, however if the net outcome is the same, the discussion would be moot anyway. i.e. Gareth says no because I don't want the liability (though in reality probably wouldn't want to say that anyway) if I make a mistake whilst trying to do you a favour. I go sure, don't worry it's my problem (which I would anyway) because should I fail to say that I wont get the bike in, so why ask?

Frankly, I have always been of the opinion that if somone is doing me a favour - for example somone recently took a load to the tip for me using my vehicle and trailer, if they make a mistake (after all we are humans, that's what we do), it's my problem. I asked him to help me, I fail to see why his helping me should put him out of pocket. I have faith in this guy's driving, I have already accepted that he is safe and not a dickhead, else I wouldn't have let him near my vehicle.
Sorry I still fail to see where he should have liability when he's taking time out of his day to help me at my request.

That said, I didn't ask him to speed, or blow a stop sign etc, reasonable, safe driving is assumed, so I aren't about to accept liability for that.

I guess what I am saying is this. Who is deriving the benefit? If me, I see it as my responsibility. If you, I see it as your responsibility.
That's the way I have always seen it, and so it shall stay, so if I ask you to ride my bike for me, rest assured I won't come back to you and ask you to pay. If you ask me to ride your bike for you, seeing this, I'll probably decline.

[jrandom]

*overanalysis*

I am so not letting you try my new one-piece on.

[Badjelly]

Frankly, I have always been of the opinion that if somone is doing me a favour - for example somone recently took a load to the tip for me using my vehicle and trailer, if they make a mistake (after all we are humans, that's what we do), it's my problem. I asked him to help me, I fail to see why his helping me should put him out of pocket.

I agree, I think.

[The Stranger]

I am so not letting you try my new one-piece on.

Hey I left you a little gift in it anyway, you can thank when you pick it up.