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Unregistered Motorcycle

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1 Unregistered Motorcycle on Fri Mar 16, 2012 9:48 am

jessica99


Arresto Menor
Good day, sir!
I just found out your name in a website where you serve as a moderator. It seems you offer free legal advice on some matters. I am badly in need of one. Could you kindly read the matter and enlighten us on what to do?

My cousin was involved in a motorcycle accident last December 25, 2011. It happened at night and on a curve part of the road. He crashed into another motorcyle. Both driver sustained injuiries and were hospitalized in East Avenue.
Both drivers have 'non-professional" driver's license and were drunk when the accident happened. Unfortunately, my cousin drove an unregistered motor which belonged to his sister.

After both drivers were discharged from East Ave, the other party (driver) suddenly filed a case and is asking for payment for physical injuries and damage of property. They both attended the first hearing this week and will meet again before this month ends.

My question: will it matter if the other driver was more at fault (in his actions)when the accident happened in this case? or the unregistered motor will be an instant "give-away" of losing the case?

Thanks in advance for any knowledge you could offer.

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2 Re: Unregistered Motorcycle on Tue Mar 20, 2012 2:54 pm

TiagoMontiero


Prision Correccional
Hi, unfortunately, driving an unregistered motorcycle provides a presumption of negligence on the part of the one driving it, thus, it will be more tedious on your part to provide evidence showing actual negligence on the other party, while the other party merely needs to provides evidence that your cousin is driving an unregistered motorcycle. So, to answer your question, no it is not an instant give-away, but it strengthen the case in favor of the other party.

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