csoracco's Avatar
csoracco 4
1 Asked
1 Answered
0 Best
1
No one has voted on this question yet :(
2 years, 4 months ago

If I lend a motorcycle to a friend and it is stolen while in his possession, should he reimburse me for the vehicle, or is it my loss?

I had back surgery last October, and since I am not supposed to ride for a while, I offered to lend my motorcycle to a friend who also rides (my bike is much nicer than his), and he gladly accepted the offer. He rode his motorcycle to my house, picked up mine, and parked his in my driveway (it's still parked there). That was about 2 weeks ago. Fast forward to today, and he calls me to tell me that my motorcycle has been stolen from his parking garage. I go to his apartment to file the police report via phone, and at no point does he mention anything to me about reimbursing me for the missing motorcycle. Instead, he says "I'm sorry," and the two mutual friends who are at his place at the time say things like "that sucks, man" to me. Given the attitude of our mutual friends, I decide not to mention anything about who is responsible for the loss. The motorcycle was not insured against theft, which he should have known, as he has insurance through the same company and also does not have theft insurance. Essentially, theft insurance on bikes costs ~50% of the value of the vehicle per year, plus a deductible, so few people opt for it unless they have to due to a lease agreement. Prior to the loan of the bike, we signed no paperwork and had no discussion as to what would happen in case of an accident or theft or act of God. The question is whether (in the eyes of the law) he is responsible for making me whole (or whatever the legal term is)? I would like to get a knowledgeable opinion about that before I approach him for a follow-up discussion regarding this incident.
Tip for best answer: M$0.30
Separate topics with commas, or by pressing return. Use the delete or backspace key to edit or remove existing topics.

You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.

M$

What is Your Answer?

0
0
0

4 Answers

0
raragagaloo's Avatar
raragagaloo | 2 years, 3 months ago
2
When you allowed your friend to borrow your motorcycle, you gave him constructive possession. Basically, you allowed him to use it in any reasonable manner. The only legal remedy to you since 1)there was no contract and 2) you allowed him to possess it at the time, is to sue him for negligence. You would have to prove that he had a DUTY to care for your motorcycle as a reasonably prudent person would, he BREACHED that duty, the dereliction of that duty was the CAUSATION of the theft, and, as a result, you have suffered DAMAGES. Causation is the major element here. You would have to show that his conduct (or lack thereof) made the theft foreseeable. As in, he left the keys in the ignition, he knowingly took it to a shady part of town where it was stolen, etc. It's all about proving that he didn't act as a reasonable person would in the same situation.
Since a civil suit is expensive and friends are priceless, I would put a lot of serious consideration in commencing a suit. I, too, would be very, very upset at my friend. However, you can always sue the slimy thief once he is caught. Why don't you do a little work of your own and post flyers, do some internet searching for your motorcycle in online ads, etc.? The quicker the thief is found, the quicker you can initiate a civil suit against him in addition to the grand larceny criminal charges he will face! Sure he might not be wealthy, but you have a few years minimum (depends on the state) to attach a lien to garnish wages, etc. once you have received a judgment against him. The best part is that you will salvage a friendship.

You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.

M$

Report Abuse

Post Reply Cancel
0
techvudu's Avatar
techvudu | 2 years, 4 months ago
3
My opinion is that your buddy has to reimburse you. You were a good enough friend to lend it, its on him to replace it.

You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.

M$
csoracco's Avatar
csoracco | 2 years, 4 months ago Report

I too think that he should reimburse me, as I would do the same without hesitation if the situation were reversed. However, what he should do, what he does do, and what he is legally responsible to do may not be one and the same unfortunately.

Report Abuse

Post Reply Cancel
0
contraption's Avatar
contraption | 2 years, 4 months ago
2
I was able to find this as an example case of a lawsuit over property stolen in another's possession.

And, this forum is a good resource for this type of legal advice.

You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.

M$
csoracco's Avatar
csoracco | 2 years, 4 months ago Report

Thanks for the links. I'll peruse them later tonight.

Report Abuse

Post Reply Cancel
0
pablo_motorcyclenews's Avatar
pablo_motorcyclenews | 1 year, 9 months ago
1
Despite the fact that he did have your permission to borrow your motorcycle still it is but proper that your friend should reimburse you to replace what you have lost. He is civilly liable of it and thus he should pay you for whatever damage he has caused. Well, if you would want to know more about motorcycles or decided to purchase another one once your friend reimburses you with some amount of money good enough to buy a new motorcycle then don't hesitate to go over our official motorcycle website and from then on you can get amazing articles and watch videos to help you decide buying the best motorcycle for you. You can start by clicking the source link below. Thanks ahead and God bless.

You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.

M$

Report Abuse

Post Reply Cancel

Learn something new with our FREE educational apps!

Private lessons in the comfort of your own home. Get back in shape or finally pick up a guitar with our great experts guiding you the whole way!
Learn Guitar
Learn Hip Hop
Learn Pilates