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Discussion Starter · #1 ·
Having a debate with the chaps at work, the scenario:

I'm selling my motorbike, its not insured. Lets suppose a potential buyer test rides the bike on the street. I have notified him/her that the bike is not insured. The num-nut mows down a bystander or causes harm to others. Am I liable?

Discuss please.
 

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I'd imagine you're liable but I'm no lawyer. I'd guess they go after the owner of the vehicle.
 

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Swivel on it
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Most likely. If they want to test ride, they can put a day plate on using their licence, and give you the full amount in cash as a deposit.
 

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Pottymouths luv hooligans
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Don't dealers usually take like a photocopy of your license...for scenarios like this?

If someone were to test ride your bike, the sensible thing is jot his info down too.
 

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Having a debate with the chaps at work, the scenario:

I'm selling my motorbike, its not insured. Lets suppose a potential buyer test rides the bike on the street. I have notified him/her that the bike is not insured. The num-nut mows down a bystander or causes harm to others. Am I liable?

Discuss please.
I'm not sure if you'd be liable by law, but I do know you'd be an idiot in need of a check up from the neck up.


.
 

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Unregistered rider
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I have sold many vehicles before without having insurance. If the buyer want to test it on the street. I make him buy a Day permit. it is the only legal way just incase anything was to happen. I would also make him Sign a contract of sale subject to test ride. and also get the buyer to sign a libility wayver. especailly when testing a Bike. there are so many thing that can go wrong. I best to put everything on paper before something bad hap[pens. Make sure the buyer has a class 6 license too. you don't want some jackass test your bike and then screwing it up and leaving you with bill. or even getting into an accident and them some how you are resiponsible as you own the bike. Especially without insurance
 

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I can imagine the arguments for the Plaintiff.
"Your Honour, the Defendant motorcyclist is liable for my injuries, and the Defendant owner gave permission for him to operate the motorcycle, knowing full well it was without the requisite insurance and registration."

Day Permit or not test rides.
 

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Sorry Bill.
Thank you Sky.

"Day permit, or no test rides."

(I'll not bore you with the "test ride's require a certified cheque, cash or money order deposit...that way, we can determine how much we trust each other," rant.)
 

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Yes you would be liable under the provisions of subsection 86(1) of the provincial Motor Vehicle Act. The concept is known as an owner's "vicarious liability".

What that means in general terms is that you would be financially responsible as an uninsured owner. That's right, no insurance coverage. If damages and costs were paid by the insurance company to the injured innocent party, whether by negotiation or judgment, then you would be liable to reimburse the insurance company for that amount plus its own legal costs.

A day permit is your friend. You can insist the buyer pay for it in advance regardless of whether he buys or not. If he refuses then tell him to shove it, no test ride. It's just not worth the risk.
 

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Discussion Starter · #13 ·
Thanks guys, good info. When I bought the bike years ago it was just the situation I described, but the owner took the gamble and sent me off.
 

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Unregistered rider
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at least you bought the bike and didnot crash before you paid him.
 

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Is coming for you
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What if they didn't come back?
 

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Here's what I did in the past:
1. Sell the bike to the test rider
2. Pocket the cash
3. Sign a transfer paper and write the the time on it (there is a place for it)
4. If the bike comes back, all in one piece and the test rider doesn't want it, cancel the transaction.

Basically, while she is riding the bike uninsured, it is HER bike, HER problems, HER liability.
 

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You're the registered owner when the lawsuit ensued you would surely be dragged into it. You may not end up being giulty but quite often the cost to defend is as much as the lawsuit.
 

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You're the registered owner when the lawsuit ensued you would surely be dragged into it. You may not end up being giulty but quite often the cost to defend is as much as the lawsuit.
Agreed,
However,
putting a Day Permit on your bike for others to test ride will keep the ownership/liability on you and no real way out since you are the registered owner.
By doing the transfer papers, the ownership has been transferred, just not registered with ICBC.

That is just the way I did it in the past, to each their own.
 

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Here's what I did in the past:
1. Sell the bike to the test rider
2. Pocket the cash
3. Sign a transfer paper and write the the time on it (there is a place for it)
4. If the bike comes back, all in one piece and the test rider doesn't want it, cancel the transaction.

Basically, while she is riding the bike uninsured, it is HER bike, HER problems, HER liability.
Wow that is a great idea, i'll have to keep that in mind. Thanks!
 

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BC Riders.net
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Even if nothing happened, not dropping your bike or crashing into somebody else, if a cop pulls the rider over for a routine DL check, riding without insurance will still cost you $600+. At least that's what it was a couple years ago, so now it will probably be even more.
 
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