How would you handle this

Kansas Kid · September 10, 2003

On Sunday I got a call from a buddy of mine, wanted me to go out and ride ATV's with him and another guy that afternoon. I didn't know this other guy too well, but figured I would go along anyways. Don't get to ride 4-wheelers very often when you don't own one. So I meet those guys out where they ride, and we were messing around jumping off of hills and riding wheelies. That gets old after awhile, so the guy I don't know too well decided to let me take his Kawasaki KXF 700 out for a little trail ride with my buddy following on his 4-wheeler.

Well to make a long story short, we were going down a trail that neither one of us knew at a high rate of speed (very easy on that KFX btw) and had a little bit of an accident. Basically what it resulted in was a broken right rear fender on the Kawasaki I was riding. So we headed back, explained to the guy what happened and he acted like it was no big deal. We kept on riding for a few more hours and headed home. Since I was the one driving it, I had planned on buying the guy a new fender even if he didn't ask me to.

Today I stopped by and priced the fender but didn't order one since I hadn't got the guys address from my friend yet. Well tonight I got an e-mail with a scanned copy of a parts order from this other guy. Basically what it is a list of all the parts that he said I broke, and he is demanding that I pay for all of the parts on the list. His list had the rear fender, a front fender, tie-rod, and the center plastic section. Now this pissed me off because I know for a d**n fact that my little incident had nothing to do with those parts needing replaced. Right now I don't even want to buy him the fender I busted since he is accusing me of busting all that other stuff up.

So what do you guys think I should do to take care of the situation?

rico750sxi · September 10, 2003

I would buy him the fender and tell him the rest wasn't your fault. The machine got rode hard all day and you are replacing what you knew you broke.

bowtie_pasta · September 10, 2003

O man, that's a tough one. He let you ride it, he's got to expect that something like that might happen.

Maybe offer to go halves with him? I dunno

silverado man · September 10, 2003

I would say get him the fender and tell him that the accident that you had could not have resulted in the other parts to brake. What has your friend said about this? He should be able to back you up on what could have broken. What a d!ck for making you pay for stuff that you didn't break.

MarkD · September 10, 2003

It sounds like he took it to the dealer to find out the cost of repairs, and the mechanic went over it with a fine tooth comb. Most businesses are scrambling for business right now, and probably padding sales. For example, our local "Precision Tune" recommends a "pressurized fuel system cleaning" every time you take a car in.

Giving the "other guy" the benefit of the doubt, he probably saw how much "the repair" was going to cost and though "WOW! I didn't realize he did this much damage. I can't afford that! He broke it, he should pay for it. Hey dude, you gotta pay for this..."

I would be polite, cordial, and understanding. Try to talk with him as calmly as possible, preferrably in person. Offer to pay for the fender and explain that you didn't see how your accident did the other damage. This conversation would be best if had while looking at the 4-wheeler.

Don't forget...as far as you know, this guy had a perfectly good 4-wheeler before he let you ride it.

I don't mean to be harsh, I have just been on both sides of this type of issue before.

SilveradoWV · September 10, 2003

Its a tough situation for sure. Its not hard to damage parts and you dont realize it therefore you could have damaged the other parts or they could have been damaged before you even got on it. Going down a trail at a high rate of speed (depending on the trail) can damage stuff that you dont see. You should go to your friend and see what he really thinks about the guy with the 700 like if he could be makin all that stuff up. If your friend says that guy is a good guy it looks like you are stuck payin for the damages or like said above, offer to go half. I personally as an ATV owner wouldnt charge someone for the repairs, I would take care of them myself and never let that person ride it again. Apparently this guy isnt that way.

Elwood · September 10, 2003

I think you need to get with your friend and get his opinion on the situation, then talk to this guy and see what comes out of it. But if you are sure that all you broke was the rear fender then I wouldn't pay for anything more than that.

ToeJam · September 10, 2003

Question 1 - Could the accident you had actually affected these parts?

Question 2 - How "used" was the ATV you were riding?

Question 3 - Your buddy that invited you along, is he a better friend to the other guy or you?

If you trust your buddy, then I'd talk to him about the damaged parts and if he thinks they were an existing problem or from the accident. Assuming your buddy knows a thing or two about ATVs, and the history of the one you rode you may be able to figure out what was your fault and what wasn't.

If your buddy is a better friend to the other guy, then you're on your own. I'd offer to replace the parts you know you damaged and then go from there. I'd also ask to inspect the ATV again and see if the damage he's claiming is actually your damage. Sounds like he could of rode the ATV the next day, did some damage and is asking you to pony up the money.

Kansas Kid · September 10, 2003

My buddy and I went and looked at the ATV this morning. When I talked to him this morning he was sure that I didn't break those other parts, but we were even more sure after looking at the thing. When I broke the rear fender, we were going down the trail and came to what looked like a very sharp left hand turn. The trail ended almost immediately after taking the turn, and although I was slowed down enough to make the turn, I couldn't get stopped in time. I cut the wheels really sharp and avoided running head on into the trees but I nicked a tree with the right rear fender. It put about a 2" crack in the far corner of the fender.

Well when we checked out stuff this morning, all the other parts he wanted replaced were up on the left front of the machine. The tie-rod to the left wheel was bent very noticeably, the left front fender had a huge crack by where it met the center section, and the center section had a small clip broken off on the left hand side. When I had my incident, there was no way it effected this part of the ATV.

I also asked my buddy how hard this other guy was on his ATV. He said that in the four months he has had the ATV he has rolled it twice, bent a rim, broken the rear bumper (not sure what it is really called) twice by riding wheelies, and was thrown from the ATV by hitting an unseen ditch at an extremely high rate of speed.

We are going back when the guy gets off work this evening to have a talk with him. I have absolutely no problem with replacing the fender I broke. But I am a little after seeing the stuff the other stuff he is wanting me to replace.

SxViper · September 11, 2003

I for one don't let just anyone ride my snowmobile because of the exact reason. I would not feel right asking someone to fix the sled if they crashed... I would just replace the fender that you broke...

Truckman031 · September 11, 2003

Just replace the fender you broke. If you did break those parts, how could he ride it for a few more hours?

deduncan · September 11, 2003

OFF TOPIC: Kansas Kid! I love your avatar picture. I have that same picture as my wall paper. I'm Idahos biggest Braves fan Have the tattoo, and the license plates to prove it!

Go Braves!

General Lee 01 · September 12, 2003

I don't like brrowing other peoples stuff for reasons like this.

Back when I was 8 I wrecked my cousins go-kart. She and her dad let it fall by th wayside, but I feel bad about it whenever I think abut it.

chevy38fan · September 12, 2003

Yeah, I'm this way also..

I accidently had a golf cart accident at my buddy's place up in ga. I was backing down a driveway, and didn't realize it was a downhill driveway (it was probably a 2º slope.. that's it. hardly noticible.. well i knew I was in sh** when I got about the first 10 feet, cause it was moving really fast, I hit the brakes to slow it down.. nothing.. great.. I CAN"T STOP!! big turn coming up in the driveway.. and at this point I'm probably going 20 MPH in a golfcart.. in reverse!!! Turn for the turn, it powerslided (Cause at this point its in rear wheel steer..) slam into a ditch, roll over into a fence, and the golf cart was in operable.. and stuck on the fence.

I've never ridden his golf carts since. that was 4 and a half years ago.

I do ride with my buddy on his ATV's though, he has 2 and he lets me ride. He wants me to try and break it. we abuse the heck out of them, see who can break one first. Never broke one yet.. lol. Very fun. I did a STOPPIE on one of his 4 wheelers, about flipping it, and he ENCOURAGED me to do it again. LOL. and I know he wouldn't fit me with the bill because he pays for all my gas when we have to haul em in my truck. That stoppie was pretty scary.. thought I was gonna flip it and wake up in a hospital....

Truckman031 · September 12, 2003

OFF TOPIC: Kansas Kid! I love your avatar picture. I have that same picture as my wall paper. I'm Idahos biggest Braves fan Have the tattoo, and the license plates to prove it!

Go Braves!

GO BRAVES! MAGIC NUMBER: 6!!!