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Legal question?
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Legal question?

Even though my friend's dad bought the motorcycle and has receipts, the title is in my friend's name. My friend was in a crash with the motorcycle and he was issued a check for the damage of the motorcycle by the other party. His dad now wants the check. Whose check is it?


    




bundysmom
Rating
It belongs to the person named on the title.


Wink
Rating
It's a tricky situation. Technically, the check belongs to the named owner on the pink slip, your friend. However, there are a lot of complicating factors such as the relationship of your friend and his dad and what is going to happen to the check. Ideally, your friend gives the check to his dad and he gets another motorcycle out of it.


bostonianinmo
Legally it belongs to the person whose name is on the title.

The father should have titled the vehicle in his own name if he wanted to receive any funds from any claims. However in that case he could also be held responsible for any damage caused.

He can't have it both ways. He decided to title it over to his son, so he has NO legal claim to the funds at all. By giving his son the motorcycle, he relinquished any claim he had to it. Period!


Fred C
Legally it is your friend's cheque, but morally it is his dad's. It isn't worth poisoning a family relatonship when his dad was nice enough to buy the bike in the first place. If he keeps the cheque I hope he is planning on never asking his dad for help with anything.


Lover not a Fighter
Rating
The check belong to your friend (legally). But your friend OWES his dad for paying for the motorcycle (loan). His father didn't buy the motorcycle so that he could sell it and keep the money. Essentially that's what has happened.

If your friend does not pay back his father, he could kiss his gravy train goodbye for good. It is wise to pay back his water in the long run.


BettyBel
Rating
Check belongs to the legal owner, name on the title of the pink slip.


smokey
YOUR FRIEND SHOULD GIVE THE MONEY TO HIS DAD BECAUSE YOUR FRIEND HAS NO MONEY INVESTED IN THE BIKE. UNLESS YOUR FRIEND REPAID HIS DAD AND HAS PROOF.


viking165301
Rating
Sounds like your dad is out of luck, For one, your dad should of signed the back of the title once he paid for the bike that would of showed that the bike was sold to him. You can have all of the receipts in the world but the person whose name is on the title is the one who gets the insurance money. The most your dad can do is take your friend to court and sue your friend for the amount your dad paid for the bike. That is all that he is entitled since your friend will not be delivering the bike ( or signing the title over) in the condition it was in when originally bought.
Hope this helps and get a good lawyer.





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