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.

 

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



Yeah- that's what I had figured. I just don't know if the kid has any legal argument to keep the bike.

 

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.

 

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.

 

I agree.
What if the rider was on a suspended license, and uninsured? Does that change anyones opinion?

 

What if the rider was on a suspended license, and uninsured? Does that change anyones opinion?

Oh dear!:crap:

does that mean there more to this?

 

Yeah that would mean if a cop was called to make a report at the scene the rider would be pretty much f-cked, get nothing but an impounded bike and a summons or arrested for having a suspended licence.

 

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...

 

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?

 

well i appreciate the advice... it would just make me mad to see my bike go!
At the end of the day the kid's only going to have to really pay 3,000. A shop down the street told him they would buy the GSXR for 2,000. :thumbd:

Ill let him know. Now I'm leaning towards telling him to take the 5k and move on.

Thanks anyways! hopefully this never happens to by baby!

 

At the end of the day the kid's only going to have to really pay 3,000. A shop down the street told him they would buy the GSXR for 2,000. :thumbd:

From this you're saying they agreed that the _bike_ was worth $5000 not the damage?
In which case he is buying the bike.
What year is the bike?
Was the bike licenced?

 

just to fill you guys in for future reference, if this happens to you...
talked to a police officer about it:

at least in mass, it makes no difference as to whether the victim is insured, licensed or not.. he was rear ended and has zero fault.

said he should file a 3rd party claim with the drivers insurance company as well as a civil lawsuit for the breach of contract.

the drivers insurance company has no way to prove that the driver was uninsured since there was no police report.

and the police cannot punish the unlicensed rider because they never witnessed him operating the vehicle.

i told him to take the 5 and give up the bike and call it a day, hopefully he does it. plus, the other options will take too long to pay out.

 

just to fill you guys in for future reference, if this happens to you...
talked to a police officer about it:

at least in mass, it makes no difference as to whether the victim is insured, licensed or not.. he was rear ended and has zero fault.

said he should file a 3rd party claim with the drivers insurance company as well as a civil lawsuit for the breach of contract.

the drivers insurance company has no way to prove that the driver was uninsured since there was no police report.

and the police cannot punish the unlicensed rider because they never witnessed him operating the vehicle.

i told him to take the 5 and give up the bike and call it a day, hopefully he does it. plus, the other options will take too long to pay out.

Yes, the rider is not at fault.
Surely you would need a police report to make a claim against the driver's insurance?
If his vehicle is involved in an accident with another vehicle isn't the implication that he was riding it? If his bike is on a public road doesn't it need to be insured?

 

Guys... may be its just me, but I am presuming that the thread-starter's friend is in 100% physical shape - still?

Whip lash etc can take some time to develop and just because the bike is worth 3000 bucks - your friend's physio might want more... Just saying, your pal might want to factor that in when it comes to counting the cash.

 

I might be too late to chime in here but I know if I was rearended or involved in any accident and my bike was totaled, either my insurance or the other drivers insurance company would pay for the worth of the bike.
In either case the INSURANCE company keeps the bike. I would have the option to buy it back from them but the ownership would state that the bike was written off.

so in my opinion, if this other person is basicly being "self insured" and paying for the bike, he's buying the bike. Of course me being from a different country, my opinion may not have any relevance at all, lol.
just my 2 cents

 

I hit a car that pulled out in front of me. She was charged by police and I was found faultless. I was uninsured but she was insured.
I claimed against her insurance.
I got quotes to repair my bike as well as bids to buy the wreck.
They paid me the difference between the cheapest repair quote and the highest purchase bid leaving me the option to repair it with the cash or sell the wreck to the highest bidder and start again - I did the latter.