Legal Question in Traffic Law in Ohio

during a group ride, one individual, who is not licensed to operate a motorcycle, swerved into me and

caused a minor collision where my motorcycle struck the tailpipe of his motorcycle. neither party was injured.

a verbal agreement was made to have the exhaust pipe repaired. no police report was filed. no insurance

claim was filed. both parties rode home. the next day, this individual claims that his back was broken in the accident, and is

requesting my insurance information.

am i liable in this scenario? can a claim be filed if no police report was filed? even if, technically, my

vehicle struck his, am i liable if he was not licensed to lawfully operate a motorcycle?


Asked on 8/12/14, 11:18 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Usually the insurance company will want a report filed as documentation of the incident and a police officers perception of liability but it is not absolutely necessary to file a claim. Same goes for the lack of motorcycle endorsement. If i was representing you/insurance company, i would argue that he was even legally on the road. Also, there may be an assumption of the risk argument that is implied when riding in large group rides. Did anyone go down? If not, how the heck is he claiming a broken back?! I'd tell him to take a hike.

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Answered on 8/13/14, 11:39 am


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