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  #1  
Old 01-28-2006, 09:24 AM
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Question atv question

are you required by law to have insurance on an atv? im haveing a little trouble with an insurance company . my 4 wheeler was involved in a "crash" over memorial day w/e on private property last year. and the other guys insurance fixed his durango and now thier comin after me to pay for it. now, this dudes 15 yr old grand son was drivin the durango by himself, and ran into the back of my 4 wheeler. shoved my older cousin and LITTLE cousin into a telephone pole. they were ok, 4 wheeler ok. but the durango sufered $1200.00 in damage. the sheriff came out and they filed a report. i aint payin for his dumb@$$ grand sons wrecklessnes. am i wrong? so the insurance company said if i didnt pay up they were goining to take my license. i never payed. never heard from em. a few weeks ago i got a letter from an attorney saying that he was taking over the case and so on. well today i got another letter from the attorney, he says if i dont pay, hes going to the dmv and requesting my license be suspended for operating an uninsured vehicle. i didnt know you had to have insurance on a 4 wheeler. i looked it up on the net and it doesnt say any where that you have to have ins. in the state of ohio on atv's. what do you guys think?
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Old 01-28-2006, 12:12 PM
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most states do not reqire insurance on any off road vehicle, and there are quite a few that you dont even have to pack insurance on a motorcycle even if it is a street bike. more importantly, does the police report find you at fault, and even so, i dont think they could come after you for any more than the guys deductable if his insurance already paid. i think it sounds like a buch of bull. im curious, did the kid driving the durango have a drivers licence??? i know it was on private property, but that would seem to have something to do with fault.
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Old 01-28-2006, 12:15 PM
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I dont know if you have to have insurance on an ATV, but I have full coverage on mine. It cost me a lil over $12/ month. I have it more for theft than anything else. It sounds like to me that if the Durangos' owner was allowing his unlisenced grandson to operate a motor vehicle, and the truck hit your 4wheeler that he is responsible for his own damage and his insurance company is trying to pass the buck. If I were you I would probally contact an attourney myself, explain the situation and see what exactly the law says.
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Old 01-28-2006, 12:29 PM
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they didnt say who was at fault. the real bad part is we are related. my moms cousin. just to clear up, the guy aint comin after me , his insurance company is. no the kid didnt have a license.but on the bright side yamaha makes some pretty tough atv's. durango- $1200.00. yamaha- $0. oh forgot to mention that they want me AND my older cousin that was driving to $1200.00 to them. they made the same threats to him also. are they just tryin to see who they can scare into paying them first or are they really thinkin that both of us will pay them? thats $2400.00 on a $1200.0 repair.
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Old 01-28-2006, 01:12 PM
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Quote:
Originally Posted by super_stroke
they didnt say who was at fault. the real bad part is we are related. my moms cousin. just to clear up, the guy aint comin after me , his insurance company is. no the kid didnt have a license.but on the bright side yamaha makes some pretty tough atv's. durango- $1200.00. yamaha- $0. oh forgot to mention that they want me AND my older cousin that was driving to $1200.00 to them. they made the same threats to him also. are they just tryin to see who they can scare into paying them first or are they really thinkin that both of us will pay them? thats $2400.00 on a $1200.0 repair.
i think i would see a lawyer myself, and if they drop the case, i would go after them for the legal fees. thats a bunch of BS....and unlicenced driver has an accident with a vehicle and in most states unless the other vehicle was backing up, any impact to the rear of any vehicle is the fault of the rear vechile.....i think they are just trying to get $$$$ out of you and they are about it being your responcibility to pay
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Old 01-29-2006, 03:35 AM
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They're blowing smoke. Like, Marc said call your own lawyer. Even an ambulance chaser isn't dumb enough to actually believe that an unlicensed driver who rear ends someone else is in the right and the person rear ended is liable. Had he hit a house would they go after the home owner? NO. Had he hit a bicycle what would they do? Nothing. They're trying to scare you into paying. The next time they call, politely tell them you've contacted a lawyer, you'll be suing them and all contact from here on out needs to be directed through your lawyer. Oh and mention that your two cousins have been in extreme pain since the accident and wet the bed at night, so they'll each be going to see a doctor. Sorry but I eat people like this for lunch - don't let them push you around.
It's up to the insurance company, or company's, to decide who is at fault in an accident, thats why the police didn't put in the report it was his fault. Police do the report as to what happened and that's as far as they go. You are not required to have insurance on an ATV - actually I can only speak for Texas. They're trying to scare you - and when you call your own attorney be sure to tell him/her that you're being harassed and have been having bad dreams about pink elephants in spandex since they harassment started.
Oh and an insurance company, nor a lawyer, have the right to take your license and the DMV isn't going to get involved just because they ask, so tell them to piss up a rope.

Keep us posted and if we can help in any way let us know.
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Old 01-29-2006, 10:46 AM
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will do. thanks guys. and rod, them pink elephants have been freakin the $h!t out of me for weeks.
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Old 01-29-2006, 01:25 PM
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people :-P

that just stinks!!! and yeah, what Rod said.

KEEP US POSTED HERE!!!

Good luck
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Old 01-30-2006, 02:50 AM
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Quote:
Originally Posted by super_stroke
will do. thanks guys. and rod, them pink elephants have been freakin the $h!t out of me for weeks.
See - I'm thinking that's just too much pain and suffering and the insurance company needs to compensate you for the harassment and causing you to see "pink pachyderms"!

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Old 01-30-2006, 03:13 AM
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Rod, that has to be one of the funniest things I've read in a long time. Keep up the good work.
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