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426fireman

worst nitemare!!!!!

25 posts in this topic

I always tell my son not to let anyone ride his bike because if the crash, he will be without a bike. So last evening just about a hour into my ride with my brand new rear tire, a "freind" ask if he can ride my bike. Well to make a long story short, after 4 gears at full throtle, my bike is trashed.....He broke his foot, a finger and my bike. When he heels, i'm gonna break his freakin neck!!! Local shop says approx. $2,000 worth of dammage. he claims he will pay to fix it, but who wants to ride a bike that has been crahed this hard.. If the 03'450 was here, this would be a good excuse to buy one. I ride about 3 times per week and was planning a camping trip with the bikes for next weekend. So that really SUCKS. Any advice or does anyone have any PROZACK for me ........

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Well, if I followed my own advice, I'd be a lot richer right now. Part of life...

When I swap bikes, I ride very carefully as I don't want to crash someone else's bike. Other people are not so considerate. "How can I tell how the bike really rides, unless I wring it out?" is the common excuse. Well, you buy your own damn bike if you are going to ride it on the ragged edge. You have to assess the friend in question before loaning out your bike.

Also, loaning a bike to someone with no concept of bike maintence/repair or a bike with lots of HP could be asking for trouble. I loaned my then new XR400 to a local ex-pro to ride a few laps on a MX track. Would I loan it to someone with a rat bike and a questionable attitude? Not likely.

Does your friend have a credit card? Have him buy the parts, fix the bike and decide if you want a new YZ450. Bikes crash all the time, get rebuilt, and ride again.

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"You breakie,, you Payee

In this case it looks to me as your friend just bought himslef a broke bike

Two Words

Small Claims"

Ego, I'm surprised at you, aren't you the same guy who thought it was dispicable of that kid for suing Yamaha? ???

Now you wan't this guy to sue his friend for something that he consented to, riding his bike.

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yz,

If you're picking a fight w/EGO, go ahead. But I think that recouping costs when someone breaks something of yours is a little different than a punitive damages lawsuit when you're clearly at fault.

mwc

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Sueing would probably not be a very good idea. You friend would probably try to sue him back for his medical bills. He could make up a lie like "There was something wrong with the bike that he didn't tell me about." :D

See you on Judge Judy!! :):D

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If it was a normal "wear and tear" break then I think it is different than when someone rides above their ability on a bike that they are not used to. Maybe you can get a couple of estimates to fix it, have him pay you for the repairs (minus alittle for the damaged parts that were kind of worn anyway), part out the bike, and combine the money to purchase another bike. Just a thought. What all is needed replacing? Maybe we can all pitch in to get you back in action.

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If he's your friend then he'll pay for it if he can afford it. If he doesn't then write that off as an expensive lesson not to let anyone ride your bike. :)

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I agree with the "taking it easy on borrowed equipment" I always do that...even if it's my dad's!!

Any rider who is any good will be able to tell how well it works without "wringing it out".

Granted, I'm sure it wasn't on purpose (come on, he got all busted up too!) - but I know how much it stinks!!

My fiance's brother dumped my '98 CBR600F3, she was in immaculate condition for the three years I owned it, and he (never really ridden a motorcycle before, no permit, on my bike which was not inspected {Rear tire wouldn't pass}).

I should NOT have let him ride it, especially being as he never rode a bike before (except mine once or twice)....and it bit me.

Oh well!!

Hey, I got to trade it in on the 520 though...so I made out actually!

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You breakie,, you Payee

In this case it looks to me as your friend just bought himslef a broke bike

Two Words

Small Claims

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If someone totaled your car you'd want it to be cover by the person doing the smashin'. It's no different with your bike. Like he said he rides 3 times a week. I personally believe if you wreck something your responsible. His buddy knew full well that if he totaled the bike he'd have to fix it. He said he would, what's all this sueing crap. Ego my friend, your definitly from California. Take the guy up on the offer then sell the bike and buy a 450. If the dealer fixes it and says it works 100% then I wouldn't have any problems selling it to someone else if you don't feel comfortable on it anymore. And with it gone you won't have a reminder that you buddy screwed it up once upon a time.

Meanie

[ August 11, 2002: Message edited by: meangreen75 ]

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ACCOUNTABILITY :

Trashing your buddy's bike and paying for the repair.

There are no if's and's nor but's in this topic, the Dude should pay.

Short Story:

I loaned a buddy of mine $4K to buy his bike. Between this guy and his wife, their income was > $130K/year. I should have heard the sirens :D in my head.

The guy makes two payments of $250 total in 9 months, then his bike is stolen.

Guess what...Yupper, he felt he should not have to pay for something he didn't have anymore.

Both of us were in our 30's, so he was not a dumb kid.

I was forced to start court proceedings. He paid up, and our friendship was hurt.

You know the old saying,

"Trust me with your life, not your money or your Wife".

I have lived EVERY word of that. Unfortunately I was at the receiving end of those screwjobs.

BTW, My buddy, in the 9 months of no payment, bought 3 new cars, and a new $7K streetbike. :)

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the first estimate on the bike was $2,000, but after further investigation, it was changed to 12-1500. Bars are trash, forks bent, left caseing busted(flywheel exposed, all plastic has white stress marks, shifting arm broke, clutch and brake levers bent,the frame and swing arm appear to be ok. I am having the engine looked at and serviced because it ran for a short period of time with no oil,(left caseing busted). The "friend" who crased said it was no problem for him to pay, he has the money. The shop said they could possible have the bike ready by this friday, so I think i will continue to ride it until the 03' gets here and then upgrade to the 03'. (sounds like a good excuse for the wife) Thanks for all the relies and your thoughts.

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Sueing -- Small Claims

Any attorny out there that can explain the diff .

Freinds are friends and money is money so is buisness I never mix the three.

Small claims is not drawing a law suit against a person or thing. It is infact a last ditch effort to force an entitiy to pay up suckaaa when friendships end. (Egos Definition)

A law suit is a drawn out battle with Witnesses, Defence, prosecution and sometimes jururs to count the cost of loss or damage do to fraud, hospitalization, neglagence and so on and so on.

In a small claims court its you, and the dreg who wont pay you and one witness each along with proof.

In Small claims its the plaintif that must prove damage.

So as it goes vegas do your home work before spouting off again, ya seem t do that alot :) then when challenged ya back down and cant hold a candle up.

MeanGreen,, Now if it were me and I had a gun, I would have shot him in the knee, then chased him back over the boaarder :D:D

[ August 11, 2002: Message edited by: E.G.O.**** ]

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Ego, you are not a lawyer so please don't try to interpert the difference between small claims court (which is CIVIL litigation) and a classic tort case heard by a jury and the amount of $ in question being over a set amount. (still CIVIL litigation).

In this case the friend demonstrated a clear act of negligence, however, this tort would not be considered "negligence per se" unless the defendant was violating a statute while the tort was commited. If the defendant was operating within the limits of the law than the plaintiff might have a prima facie case of negligence. In order to be awarded damages in such a case, the following have to be proven beyond a preponderance of the evidence:

a duty: To act in a responsible manner on the bike

a breach of duty: The lack thereofe.

causation: The defendants lack of care actually caused the damage.

damages: In property damage cases the plaintiff is entitled to the reasonable cost of repairs. Thats if the property is repairable, in this case, it appears to be repairable.

Now the defendant could always use "assumption of risk" as a defense. The defendant could say "well, gee, he should have known I probably would have wrecked the bike anyway and not let me ride it"

Anyway, as it stands it looks like they are going to work it out among themselves at this point. So, talk to ya' soon Ego, bye for now.

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Vegas

What web site you get that from??, Im impressed, you finally came back with something intellingent to respond with, instead of some silly butt duragatory remark

Or did you get your PHd Girlfriend to respond

I am impressed :)

Ya your right Im not an attorney

And you still cant ride :D

the differance there is I can learn to cheat and steal and lie

and you still cant ride

[ August 11, 2002: Message edited by: E.G.O.**** ]

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Ego, thanks for the compliment, I think.

Actually, I would never plagerise (spelling) anything off the internet because most of it's crap anyway.

Actually, I know that stuff from a little class I took once. :)

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NHKevin,

That ex-friend of yours sounds like a real loser. You'd think anyone who has the smarts to earn money like he does would have more sense than to stick you with the aftermath of his negligence. Or, maybe he just never learned about personal responsibility. Who knows. Either way, you're better off without him around.

Dan

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If he pays consider yourself lucky and to let you know you are not alone. My wife let her brother drive my 2002 z06 with 6k on it, guess what, yes he found a curb with the front wheel.

So, in the spirit of staying married and continueing to have family visits. I fixed it myself.

Take Care,

Rick

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Originally posted by forloop:

So, in the spirit of staying married and continueing to have family visits. I fixed it myself.

Rick,

Sometimes in the interests of domestic tranquility it is better to just suck it up. I've been there too!!!!!

Ernie

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Hey, I know it's hind sight, but for what it's worth........I let a buddy ride my first bike, he ended up down shifting from 5th to 2nd at about 45 mph..........the rear wheel had no choice but to lock and send him flying, and my bike into a nice dog house sized boulder........

Then it was told to me by the shop mechanic.........

***Treat your bike like your girlfriend/wife........NEVER let anyone ride them***

Maybe a little off color, but TRUE.........

Hope you buddy does the right thing and payes up.

Dodger :D:)

[ August 12, 2002: Message edited by: Dodger ]

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