Legal Question in Traffic Law in California

Motorcycle accident, no license or permit

I recently got into a motorcycle accident. Well I didn't hit anyone, i just kind of lost control and wrecked. I don't have a license of a permit but the chp got my information.

The problem is that it was my friends bike and he let me ride it all the time knowing that I don't have a license or permit and his family knew as well. since I got into the accident I offered to pay for damages but he wants me to pay off his loan for his brand new bike i said no but offered to pay his bike's market retail value due to depreciation. He still says no and now threatens to take it into court and tell them I took his bike without him knowing about it even though he did know and I got the keys from his house and drove the bike out of his garage with his dad talking on the phone beside me.

Please give me some advice..thanks. I know I wrecked it but I don't think I'm responsible for his bike's loan.

thanks in advance.


Asked on 8/11/06, 5:35 am

1 Answer from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: Motorcycle accident, no license or permit

It sounds like he could be in trouble for loaning a vehicle to someone without a license (14604 of the Vehicle Code) and you could be in all kinds of trouble for driving without a license and insurance.

His report of a stolen bike would seem a bit suspicious, as some time has passed and discussions have taken place related to settlement, but nonetheless, you could be held liable for violating Vehicle Code section 10851, unlawful taking of a vehicle, if he is believed by the police or DA. You can contact me to discuss the problem in more depth. It sounds like you could use a lawyer.

As to who should pay how much for the bike, I don't see how you are responsible for the full value of the bike if he freely loaned it to you. Does he have insurance? Do you? This appears, based upon what you are saying, to be an insurance matter, but again, I would need more information before I could give you a more complete answer.

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Answered on 8/16/06, 4:08 pm


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