Motorcycle is gone -- and the problem is BIG!

SsZERO

Banned
Sep 3, 2001
369
0
0
Well, tonight was quite a night. After putting an ad in the paper, I got a few phone calls about my motorcycle I had for sale, a 93 Katana 600. Now this bike had a crappy paintjob, but everything else was fine. The bike was mechanically sound and ran great.

Anyway, three guys came down to check the bike out tonight. I let the guy who was interested in buying it take it for a short ride up and down my street...I live on a dead-end street so there are no cars. I figured there's no harm in that. So he goes around a few times, gets off. And we start talking about price. As we are talking, one of his buddies gets on...he says, "Don't worry, I'm not taking it anywhere" So I don't give it a second thought...next thing I know he takes off up the street. I hear him open the throttle up and go down the street. Me and the guy finally agreed on a price, and the plan was that he'd come back tomorrow to pay for it in cash.

Well, we're standing out front of my house, waiting for this guy to come back. The buyer suggested that he might have gotten lost. After waiting for about 15 minute, we decide to go look for him. So I get in the truck with the guys. We go up my street and turn around the corner. BAM! Traffic is all backed up and there's an ambulance there. I see the guy laying there with people standing around, my bike continued sliding down the street for another 200 feet or so. FU<K! I heard the guy shift 3 times, so he must have dumped the bike going 60-70 MPH at least.

The paramedics took the guy to the hospital, they said it didn't look good. Last I heard he was undergoing neural surgery. His two buddies followed the ambulance in their truck, and that was the last I heard from them for now. I don't know if the guy is gonna make it or not...but I'd like to know why the hell he was even riding my bike in the first place. I didn't say he could...I told them it was very fast, and obviously he didn't believe me because he felt that he could blast away at full throttle on an unfamiliar street.

The damage to my bike on a scale of 1 to 10 is probably 6. The crankcase had a hole ripped into it, most of the oil leaked out of the bike. The mirrors and turn signals are gone, the left side fairing is shot to sh!t, the clutch handle broke, and there's probably more damage that I cannot see just by looking.

Man...the cops were really cool about everything. I just told them what happened, they told me to call tomorrow night and get the info of the guy who dumped my bike. Any suggestions on how to play this? Should I worry about the guy who took my bike suing me even though I never gave the guy permission to ride my bike, he just took it himself? More importantly, I need to get some money for that bike one way or another.

Hopefully, if anyone else is selling a bike, they can learn from this experience. Don't let anyone testride the bike, unless they put CASH in your hands. And if you ride, ALWAYS wear a helmet!! A full helmet, not the kinds that just sit on your head. ANd if someone tells you the bike is fast, don't assume they don't know what they're talking about -- you just might have more power than you can handle.


-= SsZERO =-
 
Oct 9, 1999
15,216
3
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sorry to hear that. I always make it a point that the person riding my bike better have a helmet and insurnance. While selling its a good idea if they ride that we check their licences. There are people out there who claim to know how to ride but dont. This isnt a moped, its a freaking engine and two wheels.

I am really sorry to hear about the bike though. Talk to the insurnace company see what they say.. also he cant really sue you and even if he does its stupid of him .. cause you didnt give him persmission to ride it.

TGG
 
Apr 5, 2000
13,256
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Damn that sucks dood. Hope he pulls through ok. Regarding the suing part - he may sue you but I honestly don't see you getting into a lot of trouble if that does happen. I can't really remember the exact reasoning from my law class but I really don't forsee him getting anything out of you - his own stupidity caused him to get in an accident. Hell if he sues you you can have him arrested for grand theft auto (he did basically steal your bike - I'm sure a lawyer could put a spin on it) and sue him for damages caused to your bike.
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
just curious, before he sues you, can't you sue him first for damages to your bike, lost wages from not being able to drive your bike, time, and mental grief?



^^
that is a joke, don't get your panties in a knot
 

ImTyping

Banned
Aug 6, 2001
777
0
0
I would file charges of theft against the guy who took the bike. Cold? Yeah. Will it save your ass in a later lawsuit? Maybe. Should you be taking advice from people over the internet? NEVER!!
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
yeah, i do believe you should talk to a lawyer, like, now, and keep us updated =)
 

Jzero

Lifer
Oct 10, 1999
18,834
1
0
I imagine you'd be able to sue him before he sues you. It's his own fault.
Hope he pulls through.
 

Noriaki

Lifer
Jun 3, 2000
13,640
1
71
I agree with ImTyping on the don't take legal advice from guys on the internet. To that end I will give you only this advice: Consult a Lawyer.

I seriously doubt anything could come of it if he tried to sue you for his injuries, but when in doubt consult a Lawyer, I've heard of suits for much stupider things.

Filing GTA charges may be a good idea if you are worried about suits, but I won't tell you that you should or shouldn't. Talk to your lawyer.
 

im2smrt4u

Golden Member
Jul 14, 2001
1,912
0
0


<< I would file charges of theft against the guy who took the bike. Cold? Yeah. Will it save your ass in a later lawsuit? Maybe. Should you be taking advice from people over the internet? NEVER!! >>



ROFL! I guess that sums it up pretty well! ;)

im2smrt4u
 

TallBill

Lifer
Apr 29, 2001
46,017
62
91
wow, thats some pretty crazy sh1t all around... hope things work out for you and him
 

dakata24

Diamond Member
Aug 7, 2000
6,366
0
76


<< I agree with ImTyping on the don't take legal advice from guys on the internet. To that end I will give you only this advice: Consult a Lawyer.

I seriously doubt anything could come of it if he tried to sue you for his injuries, but when in doubt consult a Lawyer, I've heard of suits for much stupider things.

Filing GTA charges may be a good idea if you are worried about suits, but I won't tell you that you should or shouldn't. Talk to your lawyer.
>>



yeah like sueing someone for spilling coffee on yourself...


sorry for your loss ssZero. and like noriaki said, go talk to a lawyer now to cover your bases..
 

TheBullGod

Senior member
Mar 21, 2001
583
0
0


<< I would file charges of theft against the guy who took the bike. Cold? Yeah. Will it save your ass in a later lawsuit? Maybe. Should you be taking advice from people over the internet? NEVER!! >>



I hate to do this, but I agree totally, back your sh*t up, it makes it easier in court even though the guy really doesn't have a case against you.
 

SsZERO

Banned
Sep 3, 2001
369
0
0
So is there any special kind of lawyer I should contact? And how do I know if a certain lawyer is any good? Should I talk to him or his family first before taking any legal action...well, I definitely need to consult with a lawyer tomorrow. I don't want to take legal action against someone who just busted their skull open, and I'd imagine his family has seen better times...but I fear that if I do nothing, they'll end up trying to come after me, even though there is really no logical way they can make it my fault. It was my bike, yes...but he took it without any permission, which is stealing, right? If you take something that doesn't belong to you without permission, you are stealing. And he is the idiot who decided to do a full throttle run on an unfamiliar road!!! I told the guy the bike was modded and was very quick, even though it looked like a POS from the KMART painjob...

-= SsZERO =-
 
Feb 24, 2001
14,513
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get a lawyer, id place a 100$ bet on your ass getting sued quick by either him or his parents, especially if he dies. probably a wrongful death suit. will claim that you did nothing to stop him. of course it will be asinine, but that's the way it goes.

also, rule of thumb on selling bikes (ive gone through deals with my dads bikes and his friends bikes) is that they never get to ride it till they buy it. that's just the way it is. if they wont buy it, screw em, you'll find someone who will. either that or ask for a deposit, when they ask how much, tell them however much you are selling it for :) (Kinda like in clear and present danger)

you could try suing him like others said, for lost wages (if it's your main "car"), etc.

hope things go your way, important lesson to learn here is never ever let anyone touch or sit on the bike until it's sold. at least the way it's always been done here.
 
Feb 24, 2001
14,513
4
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screw his family, dont say one word to them. dont talk to anyone about it but a lawyer (or your family of course).

what the hell are you feeling sorry for the guy for? maybe i misunderstood but he basically stole your bike. if he was assing around with no helmet it's his fault, darwinism at work. F*** HIM.
 

amdskip

Lifer
Jan 6, 2001
22,530
13
81
hope you get your money out of this relatively easy

sorry to hear about the bike
 

rag15

Banned
Jan 7, 2002
84
0
0
Best thing to do is hire a hitman and have him kill that guys and his parents. That way no one can sue you. J/K.

Get a lawyer man... people are really crazy, they like to blame it on you even thought its their own fault. First of all, the guy who drove the bike is not the buyer, so he shouldn't have touched your vehicle in the first place. 2) you said you didn't give him permission 3) He shouldn't operate a vehicle without a license (assuming he had no license). 4) Technically, you have nothing to worry about because you are not the cause for the accident. First step would be to get a lawyer. That way you can claim damages with an insurance company.
 

Keego

Diamond Member
Aug 15, 2000
6,223
2
81
woah that's a whacked story, I thought that you were going to say he stole the bike *whew* (but sorry to hear about the guy...)
 

SsZERO

Banned
Sep 3, 2001
369
0
0
Technically, the guy who totaled my bike did steal it. :) Unfortunately, I did not have insurance on it since I did not ride it, I just kept it in my garage. I don't know how they could make a "wrongful death" case against me. He stole my bike, what happened to him and my bike as a result is beyond my control...and is entirely his fault. They could try to sue me, but I don't think they'd win.

-= SsZERO =-
 

Ns1

No Lifer
Jun 17, 2001
55,420
1,600
126
oj was acquitted for the murder of nicole, yet he got slapped with the wrongful death suit, wtf was that

(do not get into arguments over the OJ trial, i'm just using that as an example)
 

Jfur

Diamond Member
Jul 9, 2001
6,044
0
0


<< Technically, the guy who totaled my bike did steal it. :) Unfortunately, I did not have insurance on it since I did not ride it, I just kept it in my garage. I don't know how they could make a "wrongful death" case against me. He stole my bike, what happened to him and my bike as a result is beyond my control...and is entirely his fault. They could try to sue me, but I don't think they'd win.

-= SsZERO =-
>>



Sure he'd win. He had two friends there that can say you're lying and offered him a ride. SEE A LAWYER NOW and make sure you get it in the police report that you did not give consent and he rode off while you were occupied with the guy who was trying to buy it. I don't want to trivialize this guy's condition and I truly hope he is ok but you really need to protect yourself.
 

SsZERO

Banned
Sep 3, 2001
369
0
0
Can I add to the police report even though they already interviewed me? If so, how??? I want to make sure that I get that in there, that he did not have permission to ride my bike.

-= SsZERO =-



<<
Sure he'd win. He had two friends there that can say you're lying and offered him a ride. SEE A LAWYER NOW and make sure you get it in the police report that you did not give consent and he rode off while you were occupied with the guy who was trying to buy it. I don't want to trivialize this guy's condition and I truly hope he is ok but you really need to protect yourself.
>>

 

Mister T

Diamond Member
Feb 25, 2000
3,439
0
0
any idea on how old he is?

I had a similar bike in college... Ninja 500.
Under max acceleration, 3rd shift would up upwards to 80 on my bike so he might have been going even faster that 60-70...
crazy stuff.
I assume he was wearing a helmet?
 

Sluggo

Lifer
Jun 12, 2000
15,488
5
81
In addition to the advice you have already gotten. Sit down very soon and write/type everything thing down. Do it while it is fresh in your head. Exactly what was said to who, every detail that you can remember. You will be glad you did this if anything ever comes of it. If you are really worried, get your statement signed and dated by a notary, it will help to support your end of the story if everything you wrote down was fresh after the incident.

Do call the investigating officer and tell him that you would like to add to your statement about "permission" to use the bike. Make it as clear as you can in the police report that he in no way had any kind permission, to even be on the bike, much less riding it.

Call lawyer, your city should have some type of lawyer referral service, they can direct you to the type of lawyer you are in need of.
 

element

Diamond Member
Oct 9, 1999
4,635
0
0
sorry to hear what happened. I hope the guy pulls through and you get money to cover the costs of your bike. Now I'm going to go through a short scenario that is not my opinion. Consider if you do get sued by his family who know not what happened. Their lawyer might say something like:

You didn't give him permission? Then how did he get the keys? Why was he allowed on the bike? Your failure to stop him from using the bike could be construed as permission.

Note: I don't think this is the case here...but they can twist it around to that, and lawyers love to do that kind of thing. My point is, don't take it lightly. See an attorney asap. Try and get an initial phone consultation maybe you can ask questions for free seeing as an in office consultation will cost you.