Seller Liability for motorcycle test drive?

[mike]

I'm in Oregon, USA.
I'm planning to sell my motorcycle.
Buyer will want to test drive it.
I expect that denial will result in no sale.

What can I do to eliminate my liability
for them hurting themselves or someone else?
I'm not concerned about the value of the bike.
I'm concerned about being sued into poverty
by an injured party.

Is there some kind of document they can sign
that makes them responsible for what they do?

I'm gonna call my insurance agent, but I don't
really trust that they will give me an answer
that I'd risk my future on. Policy doesn't
address this issue at all.

What's your experience in this area?
Thanks, mike

[vito]

Post by mike
I'm in Oregon, USA.
I'm planning to sell my motorcycle.
Buyer will want to test drive it.
I expect that denial will result in no sale.
What can I do to eliminate my liability
for them hurting themselves or someone else?
I'm not concerned about the value of the bike.
I'm concerned about being sued into poverty
by an injured party.
Is there some kind of document they can sign
that makes them responsible for what they do?
I'm gonna call my insurance agent, but I don't
really trust that they will give me an answer
that I'd risk my future on. Policy doesn't
address this issue at all.
What's your experience in this area?
Thanks, mike

States vary. Ask a lawyer.

[Dean Hoffman]

Post by mike
I'm in Oregon, USA.
I'm planning to sell my motorcycle.
Buyer will want to test drive it.
I expect that denial will result in no sale.
What can I do to eliminate my liability
for them hurting themselves or someone else?
I'm not concerned about the value of the bike.
I'm concerned about being sued into poverty
by an injured party.

How does selling on Ebay work? I don't imagine there are
any test rides there.

[Mark Olson]

Post by Dean Hoffman
How does selling on Ebay work? I don't imagine there are
any test rides there.

It's up to the seller, as always.

You don't have to make full payment as soon as you win the auction.
Many times I see the sale terms as requiring a deposit when you are
the winning bidder, with the balance on delivery.

If the buyer and seller agree to a test drive before completing the
sale, ebay has no control over that. People do walk away from ebay
deals all the time if the bike isn't as described.

[bob prohaska]

Post by mike
I'm in Oregon, USA.
I'm planning to sell my motorcycle.
Buyer will want to test drive it.
I expect that denial will result in no sale.
What can I do to eliminate my liability

As the owner, I don't think you can eliminate
liability entirely. The best you can do is make
sure your policy covers other _licensed_ riders
and make sure the test rider is licensed at the
level required. If there's any question of the
test rider's ability or judgement, the seller has
an obligation to refuse a test ride.

bob prohaska

[Dean Hoffman]

I'm in Oregon, USA. I'm planning to sell my motorcycle. Buyer will
want to test drive it. I expect that denial will result in no
sale.
What can I do to eliminate my liability

As the owner, I don't think you can eliminate liability entirely. The
best you can do is make sure your policy covers other _licensed_
riders and make sure the test rider is licensed at the level
required. If there's any question of the test rider's ability or
judgement, the seller has an obligation to refuse a test ride.
bob prohaska

That reminds me of a car dealership I visited one time. They took a
picture
of my driver's license then let me go for a test drive on my own.

[m***@mile.high]

I'm in Oregon, USA. I'm planning to sell my motorcycle. Buyer
will want to test drive it. I expect that denial will result in
no sale. What can I do to eliminate my liability for them hurting
themselves or someone else? I'm not concerned about the value of
the bike. I'm concerned about being sued into poverty by an injured
party. Is there some kind of document they can sign that makes
them responsible for what they do? I'm gonna call my insurance
agent, but I don't really trust that they will give me an answer
that I'd risk my future on. Policy doesn't address this issue at
all. What's your experience in this area?

We used to live in the soggy state of Oregon where I sold exactly 4
motorbikes on craigslist (bought 2 used that way as well). As a buyer I
generally do want to see and/or feel how a bike rides. The sellers of
both bikes seemed fine with a short test ride, though I offered to just
watch them ride. None of the bikes cost over $3k.

As a seller I was a bit more apprehensive about test rides. What I found
myself most comfortable with was 1) do the test riding in an unused church
parking lot, 2) insist on cash-in-hand before a test ride, 3) verify the
test rider actually has a MC endorsement on their license and wears a
helmet (Oregon requires it). Lastly, if the potential buyer seems like
a flake or otherwise off simply refuse a test ride.

I'm sure most lawyers if asked would advise "no test rides, period" but
as you've alluded, you'll probably lose a few potential buyers that way.
I guess you could go to a MC dealer and request a test ride, sign their
waiver and ask for a copy from which you could plagiarize^W glean
inspiration for your own waiver of liability. Probably the releases
required from outfits catering to bungee jumpers and sky divers contain
similar legal phrasing such as "you agree to hold ______ harmless in the
event of injury... I understand that riding motorcycles is DANGEROUS and
may result in severe injury or DEATH.. I agree to pay for any and all
damages resulting from my participation in this test ride..". I'm not
sure I'd agree to such a thing myself but most people seem okay signing
away their rights these days..

"Ask your lawyer if MC consignment/trade-in is right for you!"

:)