What to do if I was using my father’s moped but allowed a friend without insurance to operate it and he had an accident?

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What to do if I was using my father’s moped but allowed a friend without insurance to operate it and he had an accident?

Before even beginning to ride the moped he accidentally hit the gas which resulted in it going up a wall and damaging the rear light and body. Total damage is around $400. Who is liable, and if my friend is unwilling to pay can I take legal action against him?

Asked on June 3, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If--as seems to be the case, from what you write--your friend was negligent, or careless, in how he operated the moped and that negligence caused the damage, your friend would be liable for the damage. If he will not pay the cost voluntarily, your father (the moped's owner) could sue him (or his family, if he is a minor), such as in small claims courrt.


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