ATV Florida Forum

On July 29th went riding at croom with  2 others both co-workers,one of them we ride together all the time ,he other a supposed to be experienced was ride one of my bikes.The second one somehow managed to flip/barrel roll my wifes bike. This was a 325 Polaris Trail Boss [a real rocket]long and short of it he broke a rib had to call the rangers /ambulance 3 hours with  some help from some others get him out and get the bikes back to the trucks them off to the hospital.
  Today he came to me at work told me that his health insurance [same as mine]company called him last night know how he got hurt he said he told them he fell off an atv.He stated they wanted to know if it was insured if it was or not the wanted the owners info.
   Bottom line is this person can't afford his own stuff being kind I let him use mine and it looks like I may wind up being the _sshole for helping someone or so he thinks JUST BE CAREFULL I THOUGHT MUCH MORE OF THIS PERSON UNTILL TODAY.
    Also to the family that stopped to help us that day your help was very much apprecated.

Same thing happened to me with my brother in law. Told him I would kill him if he gave his insurance company my name. Problem solved.

 i'ved heard so many stories like yours ! sorry to hear that   similiar thing happen to a friend of mine.  everybody  is your friend  until the  crap hits  the  fan !!!!!!!!!!!!! ???

How can you be held liable? Is their a police report with your bikes vin attached?

State law requires a report when there is an atv accident with injuries

Well if thats the case we going to need a cop at every race.

A sanctioned racing event is just like a scantioned auto race..sanctioned sporting event

how about practice? its not sanctioned!

Read sub-section 4


316.2074  All-terrain vehicles.--

(1)  It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(2)  As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. For the purposes of this section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.

(3)  No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.

(4)  If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

(5)  Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency.

(6)  An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7)  An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

(8)  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.--ss. 1, 2, 3, 4, 5, ch. 88-221; s. 5, ch. 95-333; s. 30, ch. 96-350; s. 3, ch. 96-413; s. 162, ch. 99-248; s. 54, ch. 2002-295; s. 37, ch. 2005-164.
 
 
 
Copyright © 1995

If it's titled in your name your liable, same thing as a car.
you better tell him it was his own ATV so the hospital can send him the bill.
the first thing asked is who's bike & where did it hapen (send landowner a bill) ?

Don't tell anybody anything & tell him to pay for his own medical bills.

You couldn't have said it better just like your car...

Thanks for the post, you'll help more people than you know.

I get shivers just thinking about a guy down the street that used to borrow my quad and go riding around the area I live. Just so happened the guy that used to own it saw him going down the street at full speed, with NO helmet on. Needles to say, that was the last time he borrowed it, though he did ask and even beg many times after. He even said he wouldn't ride it at full speed any more. I asked him what if an officer started chasing him and he said he would out run him, he wasn't getting caught. I asked how you going to do that without going full speed, he had no answer. He had no insurance and I would have been even deeper in debt thinking about it now.

I didn't know that anything had to be reported.I guess the good thing is that so far he has paid  for his own stupidity and the bills too.

How about the damage to your bike?

what a wus, 1 rib!?

yo kb been to the motoplex yet

No damage to the bike.

Seems to me if you have to pay anything, there must be equivalent damage to it not visible right now. ;)

There was no damage at all ,where this happened at was in one of the mini tracks at Croom he came out of a left turn that was bermed and some how managed to roll it over toward the left up onto the inside berm of the track with the wheels in the air so it was sitting on the bars and the back rack rolled it over left it sit for a while and rode back to the truck.

PM NYRAPTOR, He's got some people up in NY that can hook this guy up with a pair of cement shoes. ;)

Thinking about taken him fishing next,20 miles out its amazing how easy slip and fall accidents happen.

Let your friend borrow your gun, maybe he'll shoot himself. If you lend out your ATV and it injures me of my family, I'm suing YOU.

Go to their house and smother them when they are asleep. Or pay O.J. to sort this out for you...Bingo no worries about a law suit. ;)

Accidentally smash him in the face with a Cinder block... ;D

My wife really needs to read this thread, there are a few people that can ask for my stuff and use it anytime, but there are some that I cringe when they are even close to my toys.

you should read a little more into what JackL is trying to say. If your "buddy" wants $ for his med. bills he should pay for the "unseen damage" to your bike! Get it?

Yes, I understand what Jack L said but until he or the insurance company look for cash the medical bills are just a nominal fee.What concerns me is the millions of dollars that are spent by by the stupid stuff that the Law Firm of Wegona Stickit In could come up with.

I really don't see how this guys negligence can cost you anything, like I don't see Croom giving out a dime either. Is their an official report with your bike and vin listed?
Has this guy expressed an interest in having you pay for his stupidity?

To answer your question JackL nobody took and vin#'s or as far as I know made a report,the rangers and the paramedics didn't even ask our names. the sheriffs dept. took my name when I called but that was all.
Since he said the medical insurance company made mention of the bike being insured and who was the owner, that person could be responsible for the bills.That makes me beleive that this low life may hop or try to hop on the free ride train.When he told me about the company calling him I told him don't even go there that will be a ride you will not like.

Perhaps they might come after you, but without an official report you can wipe your azz with the papers and go break three more of his ribs in the future for being a low life.

It is she said / he said type situation IMO, kinda like when you are in a fender bender and everyone leaves without a police report. Nothing is wrong with your bike, for all you know he hurt himself tripping over a log or something or on someone else's bike. I think it hinges on any statements you may have already made. I am no lawyer by any means, so treat my opinion like I would treat any papers I received if in this same situation... Good luck.

The first thing the ambulance wants to know is who's bike was it, who's property it happened on, & any insurance information(in other words who can they send the bill's to)
The Deputy got your name ?
If so it's in the report.
People in E.R.'s are pretty slick when trying to find out any info. about who's gonna pay for the patient's bill's, they'll send in a girl w/scrubs on like a nurse, taking your blood pressure, & non challontly try to ask "so what happened ?, where at ?, was it your bike?

I hope everything works out for you & the hurt kid.

Not yet Rob, going Fri. 24th weekend.
I might know you from behind Chipewa, you dont ride a yellow Z400 do you.
I met somebody up there named Rob, his dad & brother too.
I'm talkin about the area arond F.R.501 & F.R.501A

He said / she said. ;)


 

Thats true, also in the hospital he might of been medicated.

no kb i ride a black 450r.  damn, id like to tag along the 24th but im still nursing some broke ribs :'( maybe next time.but i definitly would like to hear how it is,price etc. thanks