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Question: I let a person that wanted to buy my motorcycle test ride around the condo complex.. He wrecked it , doing 2,000 damage.. At first he wanted to pay for it now refuses to even pay my deductable .. can I fight this in small claims court without having to turn it into my insurance.. I do not want to take the hit for his damage to my property..

Answer: You do have the right to file a lawsuit in small claims court without going through your insurance. However, you may want to read through your insurance policy to see what your duties and obligations are. Most insurance policies require that you file a claim in a timely manner to collect on your insurance policy, so if you go to small claims court and don't win or have trouble collecting on a judgment, your insurance company might not honor a claim if you file it too late. If you wish to file a suit in small claims court, information and forms can be located at this link.  Normally you cannot be represented by an attorney in small claims court, but you may wish to consult an attorney for advice about your specific situation.

QUESTIONS

  • I let a person that wanted to buy my motorcycle test ride around the condo complex.. He wrecked it , doing 2,000 damage.. At first he wanted to pay for it now refuses to even pay my deductable .. can I fight this in small claims court without having to turn it into my insurance.. I do not want to take the hit for his damage to my property..

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