Let's talk about motorcycle liability and what it could mean for you. We briefly discussed this in our article on buying and selling motorcycles but it goes further than that so we dedicated an article to it. First we will talk about some of the liability issues for sellers and then what liability issues the buyers can face.
As a private seller you obviously don't want to let someone you know or don't know take your motorcycle for a test ride because it can be costly. The main thing we hear people talk about is physical damage to their motorcycle. If someone damages your motorcycle while test riding it they may not be inclined to compensate you for the damages. At this point you didn't make the sale and now you have a damaged motorcycle which is worth a lot less if not totaled. But that is just the physical damage to the motorcycle. If the person you let take your motorcycle for a ride gets injured they may come after you for medical expenses claiming you let them ride a faulty motorcycle. If you don't have adequate insurance this could leave you civilly liable for their injuries as well as damages and injuries caused to third parties due to your motorcycle being operated by someone your authorized to ride it.
A common phrase you hear when people are selling a motorcycle is, they can test ride it with cash in hand. Don't be fooled. Just because you have cash in hand doesn't exempt you from liability. If that motorcycle is bearing your registration plate or is listed in your name on a vin number search you can be held liable. When selling a motorcycle it will continue to be in your name until someone else registers it. It's important for you to have a copy of the bill of sale that is dated and timed as proof just in case the buyer crashes the motorcycle later.
Now for buyers, just because the seller let's you take a motorcycle for a test ride doesn't mean it's legal. If you go down the street and get into an accident, if that motorcycle isn't registered and insured you will be ticketed by the police for it and could also share the liability for any injuries and or damages caused. It is not uncommon for the seller and the name on the title to be two different people. There have also been stories of people who test rode stolen motorcycles unknowingly. Regardless, if you are caught in possession of it you will probably be criminally charged.
So the big question is, what do you do when you want to test ride a motorcycle before purchasing it? Our advice would be to go to a reputable dealer. They are covered for these types of incidents and are less likely to let you take a faulty motorcycle for a ride. Some people are attracted to the lower price you can get a motorcycle for from a private seller. In that case look the motorcycle over fully to make sure there are no obvious major things wrong and leave room for any minor repairs that it may need later.
Thank you for reading this article and check out our other informational articles and videos which are available in our library.
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