Legally, the person using the bicycle would be responsible to the owner for the either the "reasonable value" of the tire or the cost to repair of the damaged or destroyed tire as a direct result of his use, whichever is less.
Now that that issue is completely and objectively buttoned up, let's move to the more enjoyable subject of discussing vintage bicycles.
Stephan Andranian, Esq. Costa Mesa, California USA http://www.GitaneUSA.com
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From: Michael Schmidt <mdschmidt56@verizon.net> Subject: Re: [CR] $$$ for flatted tire To: "Peter Koskinen" <prkbikes1@mac.com>, "Jan Heine" <heine94@earthlink.net> Cc: "earle.young tds.net" <earle.young@tds.net>, classicrendezvous@bikelist.org Date: Tuesday, August 11, 2009, 4:22 PM
Peter,
Just send the tire to Tire Alert in Florida. For 20 bucks, he'll fix it.
Website is here- http://www.tirealert.com/
Mike Schmidt Millington, NJ USA
On 8/11/09 8:51 AM, "Peter Koskinen" <prkbikes1@mac.com> wrote:
>
> Jan,
>
> I didn't look at the bike carefully enough obviously when you returned
> it. I suspect that your damage to the frame occurred when you leaned
> the bike up against something and it rolled forward.
>
> The bottom line here is that you owe me for a Veloflex Carbon tire
> which you flatted under your care regardless of its age, condition
> when you accepted the loan. This isn't the magazine business where you
> may accept 'gifts' from manufacturers to test and do with what you
> may. This was my personal bike.
>
> Had i known that this is the way that you act when the world doesn't
> go your way, I would have never loaned you a bike or anything else
> without a 15 page fine print contract so that you can weasel out later
> because you don't want to pay for the damage that you did. Since you
> sent it along to Wayne Bingham (who never belonged in the middle of
> the dispute anyway, an attempt by yourself to shame me into accepting
> your paltry offering), I'm upping the ante. Let the world decide who
> is correct here.
>
> PETER REID KOSKINEN
> OWNER
> PRKBIKES LLC
> CHAPEL HILL, NC, 27516,USA
> H/O 919-960-5871
> C. 410-991-7539
> prkbikes@bellsouth.net
> peter@prkbikes.com
> http://www.prkbikes.com
>
>
>
>
>
>
>
>
>
> On Aug 10, 2009, at 5:30 PM, Jan Heine wrote:
>
>> Peter,
>>
>> I had hoped we could settle on a reasonable value for that tire,
>> which was old and cracked and probably leaking before I started the
>> ride. (The rear tire had lost almost no air overnight, the front was
>> completely flat, when I pumped up the tires in the morning. I had to
>> pump it up 5 miles from the start, and then several times before I
>> finally put on the replacement tire.)
>>
>> When one borrows and loans a bike or car, it is a matter of trust on
>> both sides. If I lend you my car with a slipping clutch, and you
>> burn it out on the first hill, it isn't quite fair to ask you to pay
>> for the clutch, which was shot before you left. Similarly, I don't
>> think it is fair to ask me to pay for a new tubular when the tire
>> mounted on your bike was old and cracked and leaking from the start.
>>
>> In a disagreement like this, it is common to have the parts
>> inspected by a third party. I would suggest Wayne Bingham, the
>> Cirque organizer, who could estimate the value of that old tubular.
>> Unfortunately, you threw that old tire in the garbage BEFORE you
>> even told me you wanted money for it. However, even you have
>> acknowledged that the tread was cracked... It was an old tire that
>> had no life left.
>>
>> As a gesture of goodwill, I am sending you $ 30 for the old, cracked
>> tubular, which was leaking before I started the ride. I hope that
>> this will conclude this matter to everybody's satisfaction.
>>
>> Best regards,
>>
>> Jan
>>
>> At 4:31 PM -0400 8/10/09, Peter Koskinen wrote:
>>> Jan,
>>>
>>> Its been several months now and i have yet to see the payment for
>>> the tire you flatted. I am sure that you have a very good excuse
>>> (in your mind) as to why you haven't paid for the tire you flatted.
>>>
>>> The bottom line here is that when you borrow a bike, a car, or
>>> anything else from some one and you do some form of damage to it,
>>> it is YOUR responsibility to take care of the damage. In this case
>>> it was a punctured high quality racing tubular.
>>>
>>> Your dealings with Earle have no bearing on your debt to me.
>>>
>>> Cheers,
>>>
>>> Peter
>>> PETER REID KOSKINEN
>>> OWNER
>>> PRKBIKES LLC
>>> 9506 Collins Creek Drive
>>> Chapel Hill, NC, 27516
>>> prkbikes@bellsouth.net
>>> peter@prkbikes.com
>>> http://www.prkbikes.com
>>> home/office: 1-919-960-5871
>>> cell: 1-410-991-7539