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Old 11-13-2012, 06:35 PM   #1
kissdaring
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Friend Totaled My 2011 R1

Guys,

here it goes.

I need some advise and suggestions on where to go with this thing. I am so sad to even write this as I have been without a bike for almost 3 months.

The story goes like this> On August 20th I went on a trip to France. I decided to leave my bike parked in my buddies house garage (he lives with his parents so technically their garage but i dont think they were aware at the time) I live in an apartment and there is not underground parking.

I left him with the Keys to the bike in case he needed to move it around in the garage but did not leave him with the (ownership*title* or insurance papers) I also did tell him that he is not to take the bike out as I am only storing it.

I came to find out that he did take it out a few times while I was away. The last time he took it out he smashed it going 150KMS about 100Miles thankfully he came out of it with only a few scratches and no broken bones.

This is where is gets interesting. when he crashed the bike he dragged the bike to the side of the road snapped off the plate and ran away and got picked up by a buddy. I had made a phone call home (Canada Toronto) only to find out that the Police has called and spoken with my family regarding a bike accident.

Bike was towed and never seen again as it was way to much to recover in fees when i got back.

After speaking with my buddy who crashed my bike while i was in Paris he wanted to claim it as stolen from his property and I advised him that this is not a good idea as I only have 3rd party insurance (comprehensive so it would only cover the other car! But he didn't him any other car) and thats its best for him to turn himself in as if the police were to ask me where my bike was when i was away it would still lead to him.

The police have charged him with *Fail to remain*, *something else*, *no ownership-title* and No Insurance. He already had his first appearance on the 30th of October. He sent me a short text asking me for my papers but I said to him that I was not giving them to him unless I was given my money for the bike.

I dont really know what to do at this point, I have yet to see and Money from him for my bike and he is trying to avoid me, (*at this point he is obviously not a friend*)(So I could care less.) I have not spoken to the cops yet about the situation and im sure if i do they would want me to press charges as im sure they spent a decent amount of time looking for him in the bushes,.

What are my options here? I just want my money! its about 10500 as the bike had very low Km. It is sad and makes me so angry as i write this....

RIP 2011 Black Yamaha R1
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Black 2011 R1 Crashed! *Not by me*
Black 2010 BMW S1000RR Sold.
Blue 2009 R1 Sold,
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Black 2006 R1 Sold,
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Old 11-13-2012, 06:43 PM   #2
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Man, I hate to read that. It makes ME sad.

As far as legal actions, I have no idea. Good luck with it either way.

p.s. Props for not touching your "friend". I would've given him the proper a** whooping before the legalities were involved.
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Old 11-13-2012, 06:46 PM   #3
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Man, some people. You never know who your real friends are until something like this happens.

I'd let him know, pay up or he's lookin at some time and that your going to sue him.
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Old 11-13-2012, 06:50 PM   #4
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take him to court! this has to be one of the most screwed situations ever.

y would u leave him the keys u can move a bike around a garage without keys????? and that too a 2011 nice ass r1. cmon man ur askin for it (heres the keys to my high performance sportbike and btw ill be out of the country for a while )

u either hope he pays or take him to court theres really not much else u can do since u left him the keys it cant be "stolen"....but its a pretty shitty situation i feel for ya man
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Old 11-13-2012, 06:53 PM   #5
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I wouldn't wait for him to pay/whatever.

Sue his ass and get your money. If he can't pay I'd go after someone
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Old 11-13-2012, 06:54 PM   #6
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Sorry dude, but you and he both fcvked this up 8 ways from Sunday. Let the cops arrest his dumb ass, then sue him in small claims court for the max you can get in small claims. Here, it is $10,000; I don't know what it is in Canada.
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Old 11-13-2012, 06:54 PM   #7
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wow that sux
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Old 11-13-2012, 06:55 PM   #8
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You're screwed. He stole the bike and used it, so he's on the hook for it. You can get him for a felony as well. He knows he's screwed as well. Might as well press charges on him and get a judgment against him.
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Old 11-13-2012, 06:57 PM   #9
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Sucks to hear your story bro... Next time get full coverage w\ uninsured motorist
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Old 11-13-2012, 06:57 PM   #10
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Has potential to be a great project....

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Old 11-13-2012, 07:07 PM   #11
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Originally Posted by KMac View Post
Sorry dude, but you and he both fcvked this up 8 ways from Sunday. Let the cops arrest his dumb ass, then sue him in small claims court for the max you can get in small claims. Here, it is $10,000; I don't know what it is in Canada.
why the fvck did you leave him the key


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Old 11-13-2012, 07:08 PM   #12
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If it was one of my "friends", I'm sure they'd wish they had died, rather than deal with me. Personally, that dude isn't your friend. Look at it this way, this guy took something that wasn't his, and was extremely reckless with it. The guy did something you told him not to do, he basically stole from you. Not a very good friend, IMHO. I'm happy hes okay, but he's still a f*$#ing moron. Tell him he's to take out a loan, or loans to pay what he owes you, or sue the hell out of him.
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Old 11-13-2012, 07:15 PM   #13
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Quote:
Originally Posted by Flexxx View Post
Man, I hate to read that. It makes ME sad.

As far as legal actions, I have no idea. Good luck with it either way.

p.s. Props for not touching your "friend". I would've given him the proper a** whooping before the legalities were involved.
Thanks Man, I really wanted to throw it to him. but no point on catching a charge for his a$$.

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Originally Posted by SPanega SS View Post
Man, some people. You never know who your real friends are until something like this happens.

I'd let him know, pay up or he's lookin at some time and that your going to sue him.
Told him that, his reply was, you cant get anything out of someone that has nothing so do what you have to do. M.F

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Originally Posted by RC-DEVIL View Post
take him to court! this has to be one of the most screwed situations ever.

y would u leave him the keys u can move a bike around a garage without keys????? and that too a 2011 nice ass r1. cmon man ur askin for it (heres the keys to my high performance sportbike and btw ill be out of the country for a while )

u either hope he pays or take him to court there's really not much else u can do since u left him the keys it cant be "stolen"....but its a pretty shitty situation i feel for ya man
The bike can be stolen as he has in no way permission to take the F&*cken thing and the fact that my papers were with me doesn't help him in any way....

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Originally Posted by Gearheaded View Post
I wouldn't wait for him to pay/whatever.

Sue his ass and get your money. If he can't pay I'd go after someone
I think this is where this is headed.

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Originally Posted by KMac View Post
Sorry dude, but you and he both fcvked this up 8 ways from Sunday. Let the cops arrest his dumb ass, then sue him in small claims court for the max you can get in small claims. Here, it is $10,000; I don't know what it is in Canada.
They raised the limit to 25K in small claims court. The buzz about this is that the speed limit in that zone where he crashed was 80Kms and he was doing 150Kms

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Originally Posted by Meister37 View Post
You're screwed. He stole the bike and used it, so he's on the hook for it. You can get him for a felony as well. He knows he's screwed as well. Might as well press charges on him and get a judgment against him.
I was thinking about that and getting some sort of restitution order from the judge as a part of a setelment once he is charged for (No insurance, No title, fair to remain, theft over 5000, careless driving and whatever else coming his way.

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Originally Posted by iGoldeneye View Post
Sucks to hear your story bro... Next time get full coverage w\ uninsured motorist
I should have to get full coverage man. If i crash my bike I can live with paying it off.....
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Black 2011 R1 Crashed! *Not by me*
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Blue 2009 R1 Sold,
Black 2008 R1 Sold,
Black 2006 R1 Sold,
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Old 11-13-2012, 07:17 PM   #14
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Quote:
Originally Posted by NoxImus View Post
If it was one of my "friends", I'm sure they'd wish they had died, rather than deal with me. Personally, that dude isn't your friend. Look at it this way, this guy took something that wasn't his, and was extremely reckless with it. The guy did something you told him not to do, he basically stole from you. Not a very good friend, IMHO. I'm happy hes okay, but he's still a f*$#ing moron. Tell him he's to take out a loan, or loans to pay what he owes you, or sue the hell out of him.
This is what he had promised me originally, I guess it was only to by time.
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Old 11-13-2012, 07:18 PM   #15
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3 months and no $ ... he's only looking out for himself - not a real friend. I remember when I was about 20, a friend of mine loaned me one of those 3 wheeler ATV's ( I think they banned them later on..) anyhow I totaled the thing into a tree becuase I had a brain fart and went to pull in the clutch to change gears (it was semi-auto) so I actually was pulliing on the brake not hte clutch .. locked the wheel up and smashed it. about 5 k in damages. I went to my credit union the next day and took out a loan (got my dad to co-sign) and paid him. He had insurance but I didnt want to even go that route..

So do as the others are saying but maybe give him a week to either come up with the $ or tell him you are going to cops and court.

BTW - I have a triple car garage and live east TO so if you ever get a new bike and need to park it (I dont even need the keys..) just PM me.
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Old 11-13-2012, 07:18 PM   #16
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as for all of you talking about why I left him the key! you always believe in others, your never out thinking everyone is trying to F888K you
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Old 11-13-2012, 07:20 PM   #17
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Quote:
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3 months and no $ ... he's only looking out for himself - not a real friend. I remember when I was about 20, a friend of mine loaned me one of those 3 wheeler ATV's ( I think they banned them later on..) anyhow I totaled the thing into a tree becuase I had a brain fart and went to pull in the clutch to change gears (it was semi-auto) so I actually was pulliing on the brake not hte clutch .. locked the wheel up and smashed it. about 5 k in damages. I went to my credit union the next day and took out a loan (got my dad to co-sign) and paid him. He had insurance but I didnt want to even go that route..

So do as the others are saying but maybe give him a week to either come up with the $ or tell him you are going to cops and court.

BTW - I have a triple car garage and live east TO so if you ever get a new bike and need to park it (I dont even need the keys..) just PM me.

HAHAHAHAHA, thanks but thats not going to happen
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Black 2011 R1 Crashed! *Not by me*
Black 2010 BMW S1000RR Sold.
Blue 2009 R1 Sold,
Black 2008 R1 Sold,
Black 2006 R1 Sold,
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Old 11-13-2012, 07:25 PM   #18
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as for all of you talking about why I left him the key! you always believe in others, your never out thinking everyone is trying to F888K you

I can tell you that I would have left one of my friends the key too. I expect my friends respect my property, just as I would respect theirs. Otherwise they'll be paying for it, and I'll have a brand new bike
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Old 11-13-2012, 07:25 PM   #19
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Has potential to be a great project....

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If you seen this bike in person you would think otherwise. trust me! As a hobby I work on cars and sometime bikes and this bike is in no was workable.
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Black 2011 R1 Crashed! *Not by me*
Black 2010 BMW S1000RR Sold.
Blue 2009 R1 Sold,
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Black 2006 R1 Sold,
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Old 11-13-2012, 07:27 PM   #20
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I should have to get full coverage man. If i crash my bike I can live with paying it off.....
and what if it gets stolen? Oh yeah, it did.
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