Motorcycle is gone -- and the problem is BIG!

[Noriaki]

<< 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 =- >>

Right, technically he stole your bike. Charge him with Grand Theft Auto, and then it will be clear he stole it. I know, it's heartless as all hell, and I agree his family has probably seen better times, but unless this is a close friend of yours I wouldn't worry to much about what he or his family is feeling. Cover your ass.

Maybe you don't need to, maybe you do. Like I said, Talk to a Lawyer they will tell you what to do. And if he does tell you that filing GTA charges is the best way to cover your ass, well I'm sorry to be a cold hearted f**ker, but I say do it and don't think twice (if the Lawyer says that's the best way to do it).

I would say that if this guy dies, the family will want someone to blame. I'm quite sure of that. I'm also quite sure that someone will be you.

Cover your ass. Do what it takes. He shouldn't have gotten on your bike, it's his own fault. You do what you need to do to cover yourself.

 

[MichaelD]

Man, that is a really rough story. I feel very, very badly for you. I have a 97 Katana 750, so I'm very familiar with your bike. They are faster than most people give them credit for.

I agree with this 100%.



<< Right, technically he stole your bike. Charge him with Grand Theft Auto, and then it will be clear he stole it. I know, it's heartless as all hell, and I agree his family has probably seen better times, but unless this is a close friend of yours I wouldn't worry to much about what he or his family is feeling. Cover your ass. >>



Here are some facts:

1. Your bike is totalled and you know it. It's not worth fixing.
2. #1 happened thru no fault of yours
3. The guy's family will sue you...it's almost guaranteed.
4. If you file charges, as heartless as it is (see quote above) you will be covered. Trust me, i've been there before

Hire a lawyer. It sucks that you have to shell out MORE money, but the $200 it will cost you to have the lawyer file papers will save you big bucks down the line when/if you do get sued.

Unfortunately, the society we live in today rewards stupidity. The guy took off with your bike, no helmet, he obviously had no real street riding experience. He kills himself and MYSTERIOUSLY, it's all YOUR fault. Doesnt' that suck @ss? Yes, it does.

Cover yourself, SsZERO. Good luck.

 

[Howard]

Being America and all, if the guy ever gets to court, you're likely to lose. Get him first.

 

[n0cmonkey]

<< . . . even though there is really no logical way they can make it my fault. >>



This isnt logic, this is law.

Anyhow, sorry to hear about what happened. Hope everything works out for you...

 

[Thegonagle]

I feel bad for you and yes, even the dolt who's lying in the hospital, but like everyone says, you absolutely need to get a lawyer. My idea is to file GTA charges and agree to drop them if the dolt/family agrees not to sue (they might not be so heartless either). I see it as a good way to cover your ass in advance, and not come out heartless in the end. Of course, leave most of the good ideas to your lawyer, but run this by him. By the way, I hope that bike is fully insured, so that you're totally legal, vehicle wise. Perhaps only the insurance will have to pay out and not you. Isn't that what liability and personal injury is for?

Good luck.

EDIT: OOPS, I skimmed over the post where you admitted that you didn't have insurance. Consider the bike a loss then. Well, good luck anyway.

 

[bunker]

He didn't have insurance on it, but since it was technically stolen that shouldn't matter.

*I'm not a lawyer do not take my advice as true legal advice. (In other words, "Go get an attorney!")

 

[edfcmc]

Wow- this incident sucks. I can just see it now, the lawsuit against you for wrongful death because you were somehow negligent in maintaining the bike and the the bike failed to operate correctly because of faulty maintanence! (I am not saying you were negligent, just saying that is an argument they can use against you!.) Don't talk to anyone except to an attorney!

 

[Croton]

hey sucks man........................................................

but cover your ass first!

 

[Johnlee]

Geez, what a nightmare!

I'd take IMTYPING's advice.

 

[SsZERO]

Well, I called the investigating officer today, and on the police report it states that the guy was test-riding the bike, so even though he did not have my permission, they can easily twist it to make it look like he did have permission. And the officer said that if I try to say that he didn't have permission, it'd be stealing, and that I could not change the report without being arrested for making a false report in the first place. Bullsh!t. That also means I can't file theft charges.

Even though he did have permission according to the report, he still rode the bike knowingly and voluntarily. He was not forced, and he knew he did not have a license. Man, this just gets worse and worse...

-= SsZERO =-

 

[Amused]

Call a lawyer.

File a vehicle theft report.

Ignore anything else said here.

As for the police, tell them you did NOT EVER say to anyone the bike was being test ridden at the time, and that he did NOT have permission to ride it.

If they arrest you for filing a false report, so be it. The charges wont stick.

 

[Jzero]

Argh I hate that crap. They should be required to take a recording and the report should be verbatim what you say. I hate it when they paraphrase what they "thought" you said....I find that cops and auto technicians seem to do this often....

 

[Thegonagle]

LAWYER, LAWYER, LAWYER, LAWYER, LAWYER!

Bite the bullet, beg, borrow, or steal the bucks to retain a lawyer NOW!

Good luck.

 

[SsZERO]

What do I tell the lawyer? The ones I talked to today said they can't do anything unless I get papers in the mail. I don't want to wait till then. What can I tell them to get them to take action NOW? I can't really file theft charges because:

a) I was there.
b) I did not tell him he could not ride it (never said he could, either).
c) Keys were in the ignition.
d) When he did not return for 10-15 minutes, I went along with his two friends to find him in their truck.
e) Looks like I am lying because I do not have insurance on the bike, so I am trying to cover my ass by filing criminal charges.

-= SsZERO =-

 

[Amused]

It doesn't matter that the keys were in the ignition, and you were standing there. He took the bike without your permission, period.

Tell the lawyer the truth. If you're telling the truth here, than you're not to blame.

If you start lying, you're screwed.

 

[flot]

I would seriously talk to a lawyer, ASAP.

Edit: Oh, you did that. Wow, I'm surprised they weren't more help.

Huh. Well, then I would try to be cool about the whole situation. What did the guy / his buddies seem like? I mean, were they professional types who just got stupid, or irresponsible types who make a habit of screwing up? Either way, all it takes is one person to go "hey man, that guy let you ride his bike even though you didn't know what you were doing... you should sue him" and it could turn out to be a real hassle for you.

Also, seriously, I would tread lightly with trying to get the $ for your bike right now. Fact is, unless you LIKE going to court, I really really wouldn't harass the guy in the hospital too much - hopefully he has car insurance and you can deal with them and only them on the whole situation. But really, I'd avoid pissing the guy off (and cut him some slack, sounds like he did a good job on himself) because he could potentially drag you into some really frustrating legal nonsense.

Edit2: I also agree that cash from the bike is absolutely the least of your worries. Hate to say that, and obviously this situation isn't your fault, but I'd just give up on that $ and consider it a big plus if you get any of it and things work out.

 

[Ornery]

A guy I work with let a guy test drive his few month old bike he was trying to sell. The guy test drove it nice and easy down the street. Came screaming back up the street like a bat out of hell. My friend wasn;t too concerned because the guy had left his truck there. Suddenly, the truck started and took off. There was a partner laying down in it the whole time. Never recovered the bike...

I have real issues with bikes anyway. Just aren't worth the risk IMO:

At the risk of being a wet blanket... February 23, 2001

• ...oh hell, I don't care, so I'm a wet blanket! Give as much thought to the safety aspect as everything else combined. It's not your riding you need to worry about, it's other drivers. I personally know two wonderful individuals killed on Bikes. My brother's back is permanently messed up from being rear ended. I know kids feel invincible, but maybe something will click if you hear enough stories.
  
  There's nothing like riding a Bike, I just don't think it's worth the risk. And for crying out loud, where a damn helmet if you do. Gary Busey managed to survive a near-fatal motorcycle accident without a helmet. He still won't wear one. That is one hard head!

Not a Car thread....a motorcycle thread! Soybomb Feb/15/2001

• Damn, I'd love to own and ride a nice Bike. Trouble is, I have a wife and kids! The number of people I know personally that drive cars exclusively outnumber Bike riders by about 50 to one. But I've known 2 that have been killed on a Bikes and none by car. Not to mention the few maimed Bikers including my own brother (not bad, just got his back fvcked up by being rear ended). Hope you have your insurance up to date. Both the guys I did know left behind the most beautiful wives and each had at least one very young child.
  
  I'm sure you all have horror stories. I'd share those too, for the sake of the kids thinking about buying a Bike in the future.

The webmaster of NGPoke.com recently got caught in an unfortunate motor bike accident which took his life. joshpokeball March 05, 2001

 

[Damn Dirty Ape]

SsZero: What's happening with this situation? How is the guy who took the bike? Has anyone contacted you yet about it?

 

[DevilsAdvocate]

Uhhhh.... call a lawyer.... like NOW!

 

[DevilsAdvocate]

Just tell the lawyer the truth - don't hold anything back! A lawyer really can't help you unless you tell him or her everything.

Good luck!

 

[lepper boy]

<< 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!! >>



BWAHAHAHAH!!!!!

Well there are a few people on here that really know what they are talking aobut when it comes to this stuff.... the rest of us?? a whole lot of HOT air.....

 

[SsZERO]

Well, I have not yet heard from the guy or his family. Nor have I heard from anyone else who was involved.

-= SsZERO =-

 

[Thegonagle]

Well, at this point, pray that they don't decide to sue, you never hear from them, and realize that your uninsured motorcycle is your problem. I don't think the guy's going to buy it now.

Good Luck.

 

[db]

1. Get a lawyer.
2. Get a lawyer
3. Get a lawyer

Things that matter:
- what the police report says;
- whether the rider has insurance.

And oh yeah--get a lawyer.

 

[unsped]

if I had to bet money, I would say your getting sued. get a lawyer.

criminals break into peoples houses, slip and fall, sue and win. your case is even worse than that.

did I say get a lawyer?