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Got my stolen bike back. YAY. But now need some legal advice

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by out_of_order, Jun 23, 2007.

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  1. How come life is always bitter sweet?

    I got a call that i've been waiting for a long time that the police have recovered my bike, but then they told me the bike had been smashed so when i came to pick up the bike today it looked terrible. The police told me that they found the bike at a house whom the guy claimed to have bought it off someone else. So they told me that they are investigating a few people and are laying charges against them.

    But now i'm stuck with trying to repair the bike with my own money. I asked the police if there is any chance i can get them to pay and was told to send them the repair costs so they can get the bastards to pay, but what if they can't pay?
    Can i get a lawyer or somthing? I want to make these bastards pay for what they have done.

    In a worse case scenario that i can't get anything from these people: Should i repair the bike or should i just sell it as a wreck?

    here is what needed. top of my head.



    - windscreen
    - instrument bracket
    - tacho
    - front rim
    - front fairing
    - two plastic parts that sits on top of the intake pipe
    - two new tyres
    - seat fairing
    - gear shifter is bent
    - engine shut down switch
    - two mirrors
    - indicator
    - fuel tank is dinted
    - engine still runs but has abit of smoke when revs.
    there could be more little bits and pieces also.



    Any advice?
     
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  2. I take it that there is no insurance cover?

    What's the value of the bike (pre-stolen) and how much damage is it estimated to be worth?

    You might have to flog it for parts (wrecking) and cut your losses. Chances are that the dirtbags who flogged it and subsequently wrecked it won't have a pot to piss in, let alone be able to make reparations. Or that whatever assets that they may have will be hidden.

    Good luck with it, mate.
     
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  3. wot he said.

    You haven't told us the make and model or year of the bike, so it's difficult to assess whether or not that list of parts is a lot or a little against its overall value. But the big concern would be that even if you fix up the cosmetics, you don't know if it has internal engine/gearbox damage, or if the frame is tweaked, etc???

    If the bike has ANY value at all, it should have had full-comp insurance anyway. As has often been said here, if you can't afford to insure it, you can't afford to ride it.....
     
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  4. Do you not have it insured?
    Expensive lesson if not.

    Can't get blood out of stone if the crooks can't pay. Besides that you have to prove who caused the damage.
     
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  5. as mentioned above the cost of those repairs prob outweigh the bike cost

    i would be looking getting it assessed , what is the salvage value V market value

    bollocks

    there is many scenarios out there

    so what i he can afford the insurance , he prob chose not to , examples of bikes worth $5K with $3K insurance premiums combined with excess's of huge propoortions

    most people can afford it , but who chooses to pay it

    insurance is a gamble, sometimes you win sometimes you lose

    either way the scumbags should be paying for the damage they have done in 1 way or another
     
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  6. just like the scumbag with no insurance who takes you out?
     
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  7. Re: Got my stolen bike back. YAY. But now need some legal ad

    heya out_of_order,
    i remember your original post;
    >> Stolen bike BOX HILL 30-01-07 plz keep a look out.
    glad you got your bike back, against all the odds. ;)

    first thing to do,
    before considering any repairs,
    check with VicRoads the requirements to re-register your bike.

    if they require a VIV Certificate (over $400)
    be prepared for some extra costs and hassles.

    an option,
    would be to write the bike off (on paper);
    get a quote from a wrecker (the lower the better).
    subtract the quote from the market value,
    then seek that amount as reparation.

    after that you can decide wether it is worth repairing the bike.
    you may even choose to keep it as a track bike.

    if you decide it is too much hassle,
    before selling it to a wrecker you may wish to post it in the classifieds.


    ps:

    guys,
    i am sure we do not want to see this turn into a debate about insurance.
    maybe more appropriate to search for (or start) a separate thread.
     
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  8. exactly

    also remember there is 3rd party insurers with $5K coverage against damage caused by uninsured drivers
     
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  9. There are other options than full comp which people may choose to take out. I for one only have 3rd party...I have never had an off in either my car or my bike and the money I have saved on full comp premiums would easily pay for a write off! Just because you don't have full comp does not imply stupidity....

    Russ
     
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  10. So you can pay to fix my bike if you run into me, but not fix your own??? OK, I guess, but you obviously don't value riding very much.

    and johnny-whatever, insurance is NEVER a gamble, because if you get taken out by someone who won't pay, or your bike gets stolen and trashed (hmm, where have I heard that recently?) you can ALWAYS replace it, instead of whining about how hard-done-by you are :roll:.
     
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  11. And for all the years that nothing happens, well i guess eveything balances huh?
     
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  12. Well let me put it this way, I've never noticed anyone coming onto the forum and saying, "My bike got stolen, and dammit, it was insured; what AM I going to do???"
     
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  13. Whats that got to do with anything?

    Fact is - there are people out there who save money by not having insurance.

    It's like most things in life. Bikes, drugs & Jihads. You only ever hear about the bad side of it.
     
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  14. I would have thought it has everything to do with it, Mat. I am not suggesting that we don't have choice, but I do rather get tired of people who whinge when their choice bites them, and that applies to drugs and insurance equally. By all means exercise your choice not to insure your bike, but don't run into me and expect the cost of my repairs NOT to come out of your tightwad hide.
     
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  15. I'm locking this thread unless you guys answer his question not whine about his insurance issues.
    Keep it on topic thanks.
     
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  16. I guess the OP has to ask himself this question. It's obviously been thrashed (bald tyres, smoke), so you REALLY want to keep it?
    If it was me, I'd either get it back on teh road as cheaply as possible (streetfighter) or part it out on Ebay.
    I think chasing unemployed bogan theiving scum with not a cent to their names will be a futile exercise.........unless you just trash their shit.

    Regards, Andrew.
     
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  17. You can get 3rd party, fire and theft I think more difficult. Cars no worries.
    My bike premuim is under $100 so I am covered for heaps of damage I do.

    Some of our bikes are not worth full insurance. So 3rd party is apt, same with car.

    Slight ding into your bike (gold plated Hornet) causes $1000 damage, my exess is $400. I pay that and insurance covers the rest. My bike is also damaged, but I have to repair it. If the damage is more than the thing is worth, the junk heaps beckons.

    Depends on point of view.
     
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  18. Oh i forgot to mention it is a 2001 yamaha r6. I guess they are selling for about $7000-8000 now so just say i put $3000 to fix it up and get it RWC it still won't be the same as before.

    The police that is in charge of this investigation told me that send him the cost of repair and he'll try to get them to pay but I guess you can have an order for someone to pay for damages but whether they pay or not is another story.

    Some have told me to do a DIY job and get parts from wrecker as they are cheaper, and i can do it up as i go. But deep down inside if i decided to wreck it i want a bit about of it so i can have some funds for another yamaha.
     
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  19. 3rd party insurance can pay to fix your car
    i can afford to fix my bike no dramas

    Insurance is always a gamble

    you are betting that your bike is either crashed or stolen and they will payout

    the insurance co is betting that it wont happen , if they feel you are a large risk then they charge you a higher premium and hope you dont make a claim

    so what if someone has insurance and the bike gets stolen , it costs you an excess, it costs you a rise in premium and god forbid they find it and it gets repaired and you are stuck with a repaired thrashed bike and you have paid plenty in premium and excess's ,

    lets see if your bike gets stolen and you dont whinge about it

    the only people i havent heard whinge are the ones that the bike is insured for way more than its worth , but you still get your rise in premium etc

    are you sure about that ?

    I have seen many a time

    The insurance co is screwing me around its been 3 months and still not paid/still waiting for parts

    or

    they will only pay me $8K and the bike was worth $12K easy

    or how about the guy on another forum that did the right thing and asked the right questions and now they wont pay and have taken his bike who knows where and is getting no answers from anyone

    cases like these i rather know i fcuked up and deal with it ,repair my bike and get on with life

    again thats 3rd party insurance, have you not heard of it ?


    you have 2 probs atm

    1 is how can i get them to pay for the damage?
    2 what do i do with the bike ?

    1, you need to speak to legal people, i would point to the back pages of AMCN mag and people like Greg Stenberg and the like would be my first call, they usuallky do a free initial consult ,from there you will have an idea of where you stand in regards to getting the crims to pay

    2 , atm there is prob not a lot you can do with it as the result of 1 will be dependant of what you do with it

    but in saying that i would be getting damage quotes along with replacement values , tradingpost, bike sales, bike point etc of equiv age/cond/mileage , along with a salvage value quote

    options of what to do with the wreck ,

    based on the damage put the bike in the shed and wait for ebay/forums for parts to pop up at the right price

    patch it up and keep riding it until parts come along

    wreck it out , still plenty of useable parts there

    or turn it into a track bike for not much cost, this will also retain a lot of value of the bike for not much outlay , so you can either then enjoy it yourself or sell it on
     
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  20. I warned yas! :evil:
     
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