116 W. William Street Maumee, Ohio 43537
419-241-5500
Free Consultation

Blog Post

Someone let me ride their triumph motorcycle outside of a bar in ohio. I am not licensed and told him I hv never ridden that type of bike.

by onSeptember 30, 2013
in

Unfortunately, based upon what you stated in your details, the accident was your fault. You knew that you were not properly skilled or licensed in motorcycle riding, but nevertheless got on the motorcycle and drove it. The accident was due to your negligence in voluntarily getting on the motorcycle and driving it. Even if the owner was negligent under some theory (which I think would be extremely difficult to prove), the fact that you still did it knowing you were not qualified to do so would make you more negligent than the owner. And under Ohio law, when an injured party is more negligent than the potential tortfeasor, the injured party is primarily liable and barred from making a recovery.
Based upon the information you provided, you are primarily responsible for your own injuries, and therefore barred from making a recovery against the owner of the bike.

The only means of recovery that is possible would be medical payments coverage under the owners motorcycle insurance (if available) or your own automobile insurance (if available). You should contact the owners insurer to see if medical payments coverage is available under the motorcycle policy, and if it is not, then you should contact your own automobile insurer to see if there is medical payments coverage under your policy. Medical payments coverage is no-fault coverage meant to pay for medical expenses arising from an accident. It doesnt matter who was negligent. If you were involved in an accident, you are entitled to medical payments coverage up to the applicable limits, if there was coverage at the time of the accident.
Best of luck.

Categories

Archives

Feel Free To Ask a Question - LGS

116 W. William Street
Maumee, Ohio 43537

1-800-637-1549 Toll Free
419-241-5500 Tel
419-245-3849 Fax