Hello all,
This is my first post on this forum and I need to get something cleared up about what happened last weekend. Here is what happened.
So 2 of my friends(Lets name them Alex and Sam) and Alex's dad go up north with me to ride 4 wheelers(Specifically the trails around Darlington, Wisconsin). The first day we arrive, and I brought my 1986 trx 125 and 2005 Yamaha 400 Kodiak. Alex and his dad rent atvs, and Sam is going to use the 400, because he cant really drive the trx. I told him to be careful, and he gave me his word. When we set off we are riding on the road, and I look behind and don't see Sam or Alex behind me. I get Alex's dad's attention and we go look and we see sam coming out of the bushes in the ditch. He tells me that he has flipped the ATV. I am not angered by this as the 400 is not hurt at all. The only think broken was the buttons that control the winch. So on the last day after the trx pops a back tire, I use the rental that Alex's dad used, and me and Alex and Sam set off, with Sam still on the 400. When we are riding along, I see Sam look behind at something and he goes off the gravel trail into some branches. When I see him he says he has broken his arm and I rush back to tell Alex's dad, but Alex has already called him. Long story short, he broke his arm and the Yamaha is more badly damaged. The winch motor is knocked out and some of the plastic below the winch motor is broken. Luckily, the ATV is fine, and it drives back fine. On the drive back home, I tell Sam not to worry about the ATV. But, when I called my dad yesterday, he said that Sam's dad is responsible for the costs of the ATV because Sam even promised me he would be careful and yet he crashed it twice.
I have a few questions about this.
1. Should I tell Sam's dad to pay for the damages?
2. Am I responsible for the damages because I let him borrow the ATV?
That is all.

 

To me if he is borrowing the quad and crashed...then he pays to get it fixed. That is how I would handle it. Sounds like a good way to ruin a friendship if you guys can't work it out!! That is why I don't allow anyone to borrow and don't like to borrow! If it is only the winch and some plastic it should be relatively affordable to get back together!

 

Mudslinger,
Thanks for the insight on this. It really cleared up what I should do about the accident. I only have one more question: what forum could/ should I use for going about how much this is going to cost?
Thank you

 

You can go to a dealer web site. They usually have fiches to look the parts up.

 

You can go to a dealer website to get the diagram or any OEM parts site. I use Rocky Mountain ATV...they just started selling OEM parts and seem pretty reasonable on price...and you pay no sales tax anytime and no shipping if your order is over 100. As far as the winch goes, you may have to contact the manufacturer and see about that...depending what is broken and what brand it is it may be cheaper to go new on the winch....on my warn it is only about three bolts that hold the motor on...get it apart and see what is broken!!

 

If you are talking the skid plate that starts under the winch and runs to the back of the motor it is about 40 bucks.

 

Mudslinger,
I think that is it. If the skid plate is plastic then that is it. I think I might have to
order the whole thing but only the front part needs to be replaced
Thanks again

 

Apparently you invited him to go knowing he was going to use one of the atv's so IMO its your baby unless he offers.

 

You let him borrow it, he rode it knowing the dangers and he crashed it twice, he pays for the damages.

 

Simply put "you broke it, you bought it"

Sam's Dad should have taught him that already, and if not, well... here's the chance to nail it home. If I borrow a friends car, I make sure I at least replace the fuel I used, if not fill the tank, and typically will get it washed too. My toys, I have every right to use & abuse; someone else's must be treated with respect. Always return something in "as good or better" condition than how you got it. That's how I was raised and won't accept less from those I associate with, and if they won't play by those rules... well, they can go rent a car, atv, whatever, because I work too hard to EARN my toys.