My son wrecked his friends motorcycle we been making payments but he sold the bike are we still responsible?

Question

can we be sued?

Answer 1

This is a moral issue. He is YOUR son.

Answer 2

you should take this over to the legal section on ya,i would say that you should have got the bike if you were making payments on it,since he sold the bike to a third party,you owe him no money,and may even be able to sue him for the payments that you made.

if this fails,go out and play "batter up"

Answer 3

It's his bike to do with what he wishes.  

I assume you agreed on a price for the damage your son caused.  You should honor your agreement.  If the bike had been totaled, your son's friend wouldn't have had the bike at all.  I don't see the difference.

Answer 4

No but your son is still responsible. He could be sued if he does not make the payments.

Answer 5

He can sue you. You can sue anyone for anything. You may be responsible for the difference in what he sold it for versus what it was worth before your son wrecked it. Other than that, I say you're done. Why no insurance?

Answer 6

Therein lies the problem. As so many have asked, were you paying for the bike or just repairs? Did he repair the bike before he sold it or did he sell it for a salvaged price? If the bike was unrepaired, you owe the difference between what the bike was valued at in good condition and what he got for it. If it WAS repaired and he got fair market value for it, you owe him no more compensation. If he hadn't repaired the bike and you were paying for the repairs OR the price of the bike as a total, you are entitled to the bike or your money back. Keep in mind that I am not a lawyer but that most civil cases are settled off of common sense and a preponderance of evidence. No judge in their right mind would order double compensation. Talk to a lawyer and if needed, sue in court for compensation.

Answer 7

I agreed with "Maddog" on this one.  The owner sold the bike and he is making money from you and the bike at the same time!  I don't think he have any legal leg to stand on.

Answer 8

yes you can... its like if you have a personal loan out on a bike or a car, and you sell that car, so you no longer have the car or title... the loan is still in your name untill it is paid off. im sorry but if taken to court he will win. unless he doesnt have any proof. if you didnt sign anything stating that you were going to pay such amount in such and such payments... then he has nothing and would loose.

Answer 9

i think if you were making the payments, you should of got the bike.

now he sold the bike, so hes getting double the money.

depends how much you have to give him

and how much he sold the bike for

Answer 10

yes and yes. if you agreed to pay X amount then you still owe X amount. if the bike is still damaged he lost money on the sale of the bike do to your sons accident.if he repaired it he's out the money you owe him. so it's not like the the guy came out ahead.    

Answer 11

no not really.  

Answer 12

The only way to make it fair was for you to pay the fair price of the bike prior to the crash to the owner.  Then for him to pay off the bank right away.  Taking over payments doesn't make any sense.

No you can't be sued as long as your son had permission to ride the bike.

Answer 13

well, let's see. your son wrecked the bike. ok, did you agree to fix the bike? or did you agree to pay for the whole bike? or pay off his loan? or what?

if you are paying to have the bike fixed, and he did fix the bike, and you are making payments toward that, then I think you must finish paying. if you are paying the bike off... then you should have the bike as you are giving him the total that it is worth. and if you are paying the bike off, and he sold the bike, he is obligated to put that money towards the bike. if he didnt put that money to the bike and you are just paying off his loan, I would stop, and make him take you to small claims court. (under $5000). it all depends on what you agreed to.... fix or pay off the loan. either way, he should put the money he got towards the loan, or let you off the hook for that much.  

Answer 14

What were you making payments for: to REPAIR or REPLACE the bike?  

If it was for the repairs: Yes, you would have to continue paying.

If it was for a replacement: Then I say stop paying cuz the bike should have gone to you.  If he sues you, counter sue him for the money you're out (I'm no lawyer, just my two cents, I'm sure someone is going to give me a thumbs down).