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Discussion Starter #1
Whats goin on fellas. I am just curious on some info about the situation I am having. I am in need on some correct info.

The bike is a 06' 600RR, brand new from the dealer with about 1000 miles which I put. I am financing the bike, which I am paying monthly.

Basically, this happened last year when me and a few of my buddies did a bike run, just cruisin down the highway. We pulled over and a friend of mine was in his car. And he asked if he could take the bike for a ride. So, me being me, I said yes, since the roads were perfect, no twistes or anything just straight endless road.

So, I am just relaxin on the side with a few of my other buddies when I see one of my bud comin back pretty quick and I am like aw sh!t what happened. He tells me that the kid riding my bike went down at 110MPH and my bike went into the bushes. So I am pretty pissed but then again I asked if he was okay, he got minor road rash nothing crazy considering he fell at high speeds. Luckily he tumbled on grass. So we all go there, check out the bike and its pretty much wrecked.

After all this happened, he agrees to pay for the damages and whatnot. He makes the monthly minimum payment of $100. And right now, he has the bike in his possesion and he indirectly asks me if I want it back because the bike is getting fixed here and there and he put some fairings on which I ordered but he then orders a front upper cowl which is a knockoff and isn't the OEM so it does not even align well. I tell him I am not really interested in the bike since it went down at 110MPH plus. I am financing the bike for about $10k.

Basically, I want to know if things go bad and he isn't willing to step up to the plate and pay for the damages, what can I do? Can I take it to court? Am I responsible for the damage? I just want info on the law and what I can do about it if things go bad and he does not want to pay for it? Am I screwed?? Or will the court rule in favor of me and have him pay pay the $10K. Any info that can help me out would be great. As of right now, I am not interested in the bike, fixed or not, knowing that it went down at that speed gives me a headache.

I learned my lesson and I will never lend my bike to a friend again. Any other questions, just ask and I'll let you know. Thanks.
 

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Ummm.... That is the crappiest situation. You lose a bike for now and in the end you will probably lose a friend. I know when I want something I want it now. You can take him to court, its your bike but he is responsible for the damages if you can get a good court case. Even if you win and he is told he ha sto pay fo rit if he does not have it he does not have it and you will be in the same position. 110 on a bike that is not yours = lame. You should kick his A$$. I know that when i am done with my 07 and its my baby no one will ride it but me.
 

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Discussion Starter #4
Yea, I know thats what people say, but in legal terms. Like if I took it to court, will they say it was my fault for letting him ride it?? Or will the court/judge favor my side and have him pay or take over the loan??
 

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first of all you are an idiot for letting him ride
second i am assuming that you dont have full coverage which again is stupid
for a financed bike. i know down here in tx you cant finance a bike unless it has coverage.

you might be able to sue the guys car insurance.
a long time ago the DD wrecked my car getting us all home and i was able to use his insurance to fix it so its not unheard of

bottom line though, its your bike. your name is on the loan. you are responsible for paying for it and taking him to court is the only way to force him to pay for the damages.
you will have to get estimates on how much to make it like new and that is all the court will give you . enough to make it like it was before the accident. at the least you might be able to get what kelly blue book says it is worth


jesus its like giving a child a loaded gun and expecting them to know what to do with it
 

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Discussion Starter #6
first of all you are an idiot for letting him ride
second i am assuming that you dont have full coverage which again is stupid
for a financed bike. i know down here in tx you cant finance a bike unless it has coverage.

you might be able to sue the guys car insurance.
a long time ago the DD wrecked my car getting us all home and i was able to use his insurance to fix it so its not unheard of

bottom line though, its your bike. your name is on the loan. you are responsible for paying for it and taking him to court is the only way to force him to pay for the damages.
you will have to get estimates on how much to make it like new and that is all the court will give you . enough to make it like it was before the accident. at the least you might be able to get what kelly blue book says it is worth


jesus its like giving a child a loaded gun and expecting them to know what to do with it
I know, I am an idiot. But I wasn't expecting this to happen and since he was a close friend and all.. Uhhh. It sucks. I didn't have to get full coverage on the bike. So, I just got liability.

In all that you said, the court will rule in my favor?
 

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Unfortunately, I think you're totally screwed. You willingly let him ride it. I wouldn't waste my time taking him to court.

Explain to me again why HE has the bike? You just let him take it after the accident and pay $100 a month? That's retarded. You should have the bike and he should be paying you to have it repaired, assuming it's repairable.

==================================================

Two golden rules for every new rider who reads this thread:

1. GET FULL COVERAGE INSURANCE!!! Riding without it is moronic, especially if you owe on the bike.

2. NEVER LET ANYONE RIDE YOUR BIKE! EVER! FOR ANY REASON! NOBODY....EVER...GOT IT?!


Oh and one other thing; waiting a year was a mistake. Now that you've let all this time pass, even if you wanted to go after his insurance carrier, you can't. In most states, you have 60 days to report an accident to your insurance carrier or they will decline coverage.
 

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Unfortunately, I think you're totally screwed. You willingly let him ride it. I wouldn't waste my time taking him to court.

Explain to me again why HE has the bike? You just let him take it after the accident and pay $100 a month? That's retarded. You should have the bike and he should be paying you to have it repaired, assuming it's repairable.

==================================================

Two golden rules for every new rider who reads this thread:

1. GET FULL COVERAGE INSURANCE!!! Riding without it is moronic, especially if you owe on the bike.

2. NEVER LET ANYONE RIDE YOUR BIKE! EVER! FOR ANY REASON! NOBODY....EVER...GOT IT?!


Oh and one other thing; waiting a year was a mistake. Now that you've let all this time pass, even if you wanted to go after his insurance carrier, you can't. In most states, you have 60 days to report an accident to your insurance carrier or they will decline coverage.
+1,000,000,000,000
 

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Discussion Starter #9
Unfortunately, I think you're totally screwed. You willingly let him ride it. I wouldn't waste my time taking him to court.

Explain to me again why HE has the bike? You just let him take it after the accident and pay $100 a month? That's retarded. You should have the bike and he should be paying you to have it repaired, assuming it's repairable.

==================================================

Two golden rules for every new rider who reads this thread:

1. GET FULL COVERAGE INSURANCE!!! Riding without it is moronic, especially if you owe on the bike.

2. NEVER LET ANYONE RIDE YOUR BIKE! EVER! FOR ANY REASON! NOBODY....EVER...GOT IT?!


Oh and one other thing; waiting a year was a mistake. Now that you've let all this time pass, even if you wanted to go after his insurance carrier, you can't. In most states, you have 60 days to report an accident to your insurance carrier or they will decline coverage.
Well, I didn't know he was going to try to top out on the bike. But thats, not the point. He has the bike because he is dealing with the repairs and getting the parts with a few of my other friends. And I no longer live in the state.
 

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Go to a lawyer in your area and get a free consultation (tons of law offices offer them). Laws differ too much state to state, you need someone familiar with your local laws.
 

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I am sorry to say it but i got to be honest you are SOL
 

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yeah man you are fked....if you try to take him to court , its just gonna be a waste of time man, and if ...if ..they do go in your favor theyll probally reward you with like couple hundred bucks...in all man your fked, just gotta hope he continues to give you the money for your bike repairs.....but yeah man your fked.
 

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Discussion Starter #13
Would anyone be able to back this up for a fact? Instead of telling me I am straight f**ked. I use to live in NY, so NY laws would apply to this.
 

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Never let you buddies ride your bikes or your girlfriend.

But to answer your query - first thing first:

1) Was your buddy licensed to ride a motorcycle?
2) Was you buddy wearing helmet etc?
3) Did you know and trust him to ride safely? (kind of assumed since you let him)

But if you take him to court and answer to 1) and 2) are NO then they'll put the blame on you for being irresponsible.

Either way talk to a lawyer - consultation is always free.
 

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Lesson learned here I guess, don't wait to notify your insurance company/police. In situations like this, the party who did the damage often screws the other guy, because it is such a large financial burden that they usually decide they don't want. Had you notified your insurance, they would have done the leg work, and paid you, then billed his insurance company, etc. I have never heard of any bank financing a vehicle without full coverage insurance. It does not happen. You should have had your insurance pay you, and your friend pay the deductible/surcharges.

Advice on what to do?

...call Judge Judy!
 

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Sorry, but I'd agree with the others. You willingly let him ride it, so the courts will basically say its still your responsibility. Actually, you're damn lucky he didn't seriously hurt himself or even worse... someone else. If that had happened, you would've been responsible for that too and your insurance probably wouldn't have covered any of it. Consider yourself lucky and lesson learned.

As someone mentioned, unless hes willing to pay off the bike immediately, get it back and hang onto it. Maybe you could salvage it.
 

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I don't know but I feel really bad for Evo... and we are all beating up on him pretty bad. He knows he did a moronic thing at least so thats good.
 

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Discussion Starter #19
Never let you buddies ride your bikes or your girlfriend.

But to answer your query - first thing first:

1) Was your buddy licensed to ride a motorcycle?
2) Was you buddy wearing helmet etc?
3) Did you know and trust him to ride safely? (kind of assumed since you let him)

But if you take him to court and answer to 1) and 2) are NO then they'll put the blame on you for being irresponsible.

Either way talk to a lawyer - consultation is always free.
My friend was not license to operate a motorcycle. He was wearing my helmet which was damaged. Honestly, I didn't think he was going to bring it to 110MPH plus and losing control on a straight away. I mean, yea I shouldn't have been so nice. But I didn't think that it was going to go down like that and I regret it everyday. And this situation just gives me a big headache. I go to school full time and work full time and I just dont have the time or money to deal with this.

But then again, I think he should man up and jus freakin pay for the whole thing or atleast 75 percent of it, I dont mind paying $3k of my own money out of the $10k. I mean, he drives a 2006 Evo MR. And works full time, doesn't go to school and lives at home. I don't see why he can't just pay for the damn thing. I know his parents will pay for it if he needed too anyways..
 

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Discussion Starter #20
I don't know but I feel really bad for Evo... and we are all beating up on him pretty bad. He knows he did a moronic thing at least so thats good.

Yea, I knew I was going to get it.. And I mean I know the situation I am in sucks. I SHOULD have NOT let him ride my bike. But then again, I didn't really know about legal terms and whatnot. Because it would be common sense that since he damaged it, he has to pay for it.. So I went by that rule or saying. And now that the rules of the law is stupid, I am screwed. That just sucks.

But if all comes down to it, I will call a lawyer. But anow, asking you guys for input seems like I am on a loosing streak.

Thanks for the pity though.
 
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