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Discussion Starter · #1 ·
Hey,
Just looking for some opinions on this:

My best friend was on his 06 GSXR 600 and got rear ended. He's okay, but the front bumper nearly split the bike in half. The bike is clearly totaled.
Nobody wanted to go through insurance, and they drew up a contract agreeing to pay $5,000.
It has been a few months, and the kid is going to pay on Thursday, but he wants the totaled bike.

What do you guys think?
Ideally, by buddy wants to keep the bike- does he have any legal obligation to give it up?
 

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Hey,
Just looking for some opinions on this:

My best friend was on his 06 GSXR 600 and got rear ended. He's okay, but the front bumper nearly split the bike in half. The bike is clearly totaled.
Nobody wanted to go through insurance, and they drew up a contract agreeing to pay $5,000.
It has been a few months, and the kid is going to pay on Thursday, but he wants the totaled bike.

What do you guys think?
Ideally, by buddy wants to keep the bike- does he have any legal obligation to give it up?
For a second I thought you were someone else breaking my balls:rotfl: ....If it was never mentioned in the contract(hopefully written not verbal)your friend is not obligated to do anything, he was hit in the back now the guy in the car has to pay, and your friend keeps the bike.
 

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Breaking your balls? Did this happen to you? If so, how'd it work out?

No, long story, sorry, forget it.

Yeah- that's what I had figured. I just don't know if the kid has any legal argument to keep the bike.
He has no legal argument for anything, when you hit someone in the rear you are at fault, no matter what. Your friend is the victim in the whole thing and should be compensated. Although, when you wreck a vehicle and the insurance cuts you a check, they keep the wrecked goods, and give you the option to buy it back from them, maybe that is how he is looking at it, but if it was a contract done between each other and ownership of the bike was not mentioned, he does not have to give it to him.
 

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Hey,
Just looking for some opinions on this:

My best friend was on his 06 GSXR 600 and got rear ended. He's okay, but the front bumper nearly split the bike in half. The bike is clearly totaled.
Nobody wanted to go through insurance, and they drew up a contract agreeing to pay $5,000.
It has been a few months, and the kid is going to pay on Thursday, but he wants the totaled bike.

What do you guys think?
Ideally, by buddy wants to keep the bike- does he have any legal obligation to give it up?
No, he is not buying the bike.
He is reimbursing the rider for their loss.
If he doesn't pay, file a police report and go through insurance.
 

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I agree.
What if the rider was on a suspended license, and uninsured? Does that change anyones opinion?
Yes, it means he/you aren't insured at all and haven't a leg to stand on either way.
 

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:hmm: i suspect both driver and rider were uninsured
Two morons then.
If only the rider is unlicenced then he'll just have to take whatever he can get and hope the driver never decides to make a claim.
Or man up, accept he screwed up and take the penalty. Then he can try suing the driver for his loss.
 

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Discussion Starter · #14 ·
hahaha no guys, it really is my friend. Im just trying to help him out..
the rider was uninsured without a license.

not sure about the driver, but he didnt want to go through insurance anyways.

I guess it just doesnt make sense why this kid would think he is entitled to the bike...
 

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I guess it just doesnt make sense why this kid would think he is entitled to the bike...
Probably just because your buddy doesn't deserve to have it.
He could just say he's not giving him any money at all I guess?
 

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although I'm always suspicious when people don't wanna go the insurance route
Absolutely.
Even if they're not dodgy this time it says something about their character generally.
I assume where this happened it is an offence not to report an accident involving two vehicles and more than $5000 in damage?
 

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Why not?
It was his motorcycle... he didnt wreck it, some kid did.
and theres already a solid contract signed, witnessed etc so not giving him money isnt really an option
That's right, some kid wrecked it, because he was riding it on the public road _illegally_.
If the contract was written in an attempt to circumvent their legal responsibility then it's probably worthless.
 

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It was his motorcycle... he didnt wreck it, some kid did.
and theres already a solid contract signed, witnessed etc so not giving him money isnt really an option
think the problem is..... your mate is in danger of getting nothing...

if the contract says nothing about handing his bike over, he could happily arguee it.... but if the driver then refuses to pay what can he do?

I doubt he'll wanna go through the police as he'll leave himself open to charges.
any private court action will cost money and is bound to bring up his lack of licence/insurance

I would suspect the drivers trying to hide summut, but unless he's already admitted to also being uninsured.. I would put him in the stronger position

and to be honest.... if the bikes in that bad a state why care if he wants it?
 
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