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Where do I stand legally if I damage something of yours...?
Say I borrow your bike and have an accident. You are a bike dealer and are familiar with the cost associated with fixing this bike. We look over the damage and concur that it is slightly damaged and should cost about a $100 to fix. A couple months later you fix the bike and send a bill for $1000. Is the person entitled to the $1000?
What if the bike dealer rents out these bikes as a business and the bike was never in that great shape to begin with. Can the dealer replace a whole bunch of parts with new parts actually costing $1000 or would he have to consider the depreciation and condition of the existing bike when calculating what you actually owe him. For example if one of the frames was already dented and you put another dent on the same frame, can you be made responsible for the replacement of the frame as if it were brand new?
Actually one of the problems is that I have no pictures. After I was told that I was going to be charged $100 I never bothered getting any pics since I thought well thats not too bad. Had the person told me that he was going to get a quote I would have taken some pics to protect myself. In retrospect this was a really dumb move but at the time it seemed reasonable since we were on friendly terms and the $100 quote seemed within the limits of what it would cost to fix.
6 Answers
- ?Lv 71 decade agoFavorite Answer
In most jurisdictions, you would be responsible for the lesser of either the reasonable cost of repair or the diminution of value. They are going to have to explain how the cost of repairs jumped by 1000%.
- Goose&TonicLv 61 decade ago
He is entitled to ONLY the damages that YOU caused. He is not allowed to use your accident as a way to profit. However, if you signed a contract upon rental of the bike, you might want to look it over and see if you agreed to be responsible for all damages to the bike. Did you get a receipt for the $100 damages? Anything in writing? Photos of the bike BEFORE you damaged it? Unfortunately, it will be difficult to prove the extent of the damage prior to your rental without documentation. Of course, a family member of mine owns a bike biz, and $1000 to fix would be a high end bike... not typically the type rented out. Perhaps you could check online for how much a new one costs, like the one you damaged, that will give you an idea of replacement costs and if/how much he is trying to screw you.
- 1 decade ago
Ok, before the bike was sent off for repairs you should have got a professional quote. By you saying that you were going to fix the bike before getting that quote in writing, you agreed to get the bike repaired no matter what the cost was. In a way, you could get away with only paying just $100. I mean it was a verbal agreement that no one was a witness to. So, its just his word against yours. Now, if this guy was a dealer whom rents out bikes, then it just depends on the contract that you sign prior to renting the bike. I know a guy that rents out bikes, and in his contract it states in small print of course, that if their was any damages done to the bike while in their possession, then they would have to pay for any and all damages done to the bike.
- jack wLv 61 decade ago
Be prepared to go to Court. No, the dealer shouldn't be allowed to enrich himself from the damage you caused. Is there a written agreement, if not, why not. Just pay the $100 and see if the dealer is willing to take you to Court. Did you take pictures?
Good luck.
- pedohunter1488Lv 41 decade ago
Yes, but if he hits you with that big a bill I would get the bike since I essentially paid for it.
- aunty mLv 41 decade ago
I THINK YOU WILL FIND YOU ARE RESPONSIBLE FOR WHAT IT COST TOO FIX. YOU SHOULD HAVE GOT A COUPLE OF QUOTES WHEN THE BIKE WAS DAMAGED, YOU HAVE NO PROOF THAT YOU DID'NT DO ALL THE DAMAGE YOURSELF.
