Any legal buffs out there? unreported accident

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mxzxrs800

New member
Last friday evening I was doing a little test and tune on a old dirt bike. I was riding on the street and ended up having to lowslide the bike into a truck and trailer coming through a intersection with a yeild sign for me. I did 1200 dollars worth of damage to the truck and totalled out my bike and got some nasty road rash. We decided not to report the accident and only exchange numbers.

The man called me today wanting his money by friday but i can't pay him by then. He's threatning police action if i dont. Now i want to be a stand up guy and pay him off in a decent amount of time but this is unrealistic for me.

my question is does he have any ground to stand on having got in a moving accident with a bike and not reporting it?
 
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Dave_B

Active member
If I'm not mistaken, any injury accident or accident involving more than $400.00 in damage has to be reported if it took place on a public road. That being said, you both could be in hot water with the authorities if the accident is reported now.

I would suggest you remind him of this but pay him as it was the agreement you made.

Good luck!
 
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98panther

New member
How did you/he get an estimate so fast?

I'd go to the Police before he does. He sounds like an "a h" and a dumb one at that.

When I was 16 I had a fender bender, and the other guy and the police said.... "don't report it. It will kill your insurance rates kid"
My Dad said B.S. and made me report it. It was for the best the other guy was a scammer and trying suing my insurance company for a bunch of nonsense.

So regardless report it.
 
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borderstaff

New member
I would borrow the money and pay him off. I think he is doing you a favor by not reporting it - you should return the favor by paying him asap.
And, you were at fault (as you said you had a yield sign per your first post), and since you were testing and tuning an "old dirtbike" I might venture a guess that it wasn't currently tabbed to be ridden on the street??? If that were the case you would be in more trouble than you need right now.
However it works out - glad you are O.K. and hope everything heals up well. Good Luck.
 
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polarisrider1

New member
Head to the pawn shop and get him the money. When you get money go back to the shop and get your stuff.. Borrow from whoever...git er done. BOTH left the scene of an accident with injury. You will be way worse off then him with the law since you had the yield and I suspect the dirt bike was not street legal. Pay and make it go away. $1200 goes nowhere in auto body repair. Just remember, stupid is what stupid does and learn from it. At least you wasn't killed or run up massive medical bills that you would be paying on forever.
 
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98panther

New member
If you follow their advise.. Hopefully Guido stops when you pay him.
There is nothing to stop him from asking for more.

Personally I'd take the Consequences of the law, yeah you messed up, not street legal, left scene, but so did he.
And you suffered the most loss and injury, doubt they would be that tough on you.
Better than a payoff under the table to someone you don't know.
 
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ezra

Well-known member
pay the man sell what u have 2 to get a extra few hundred to have a lawyer make u a copy of a release for him to sign when you give him the check or traceable money order.
I got in a small fender bender a few weeks ago and the guy would not just let me pay his bill
got a police report and the whole 9 yards and he wanted 2 go through insurance well my agent told me his bill was under a grand and the cost of a rental car for a day and did not have thay bill yet.
mt truck got a scratch on the painted bumper not even a dent or misalignment.
 
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mjkaliszak

New member
Make him an offer, can you pay him 1/2 ? Or something to that effect. 1/2 now and 1/2 later ?
Kind of late to get the law involved... especially since your way ...way ... in the wrong . dirt bike on the street !
then the accident, that alone probably will cause you some grief, I think not reporting an injury accident is a felony in most states.

Just saying....
 
mezz

mezz

Well-known member
mxzxrs800 said:
Last friday evening I was doing a little test and tune on a old dirt bike. I was riding on the street and ended up having to lowslide the bike into a truck and trailer coming through a intersection with a yeild sign for me. I did 1200 dollars worth of damage to the truck and totalled out my bike and got some nasty road rash. We decided not to report the accident and only exchange numbers.

The man called me today wanting his money by friday but i can't pay him by then. He's threatning police action if i dont. Now i want to be a stand up guy and pay him off in a decent amount of time but this is unrealistic for me.

my question is does he have any ground to stand on having got in a moving accident with a bike and not reporting it?
Click to expand...

Threatning police action? Seriously? You were both in the wrong for not reporting it. Nonetheless, I do understand that he doesn't want to have to wait for what he is legally entitled to, & he shouldn't have to. I would find a way to get the money & pay him off with a bank money order and as ezra pointed out, draw up a release that must be signed & dated by him as well as a witness to the signatures. The release does not have to be done by an attorney, you can do that yourself. Good luck.-Mezz
 
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polarisrider1

New member
Wow, I like the idea of a signed agreement, but then it is also an admission of guilt????? No paper trail is better. Hope the guy is either way cool or dumb, pay him!!!!!
 
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ezra

Well-known member
why not tell this guy you dontha e all the cash but you will pay the shop direct and pay them with a card and what is left for his pay off give him thatin cash
or if he is just looking for a pay off give him the cash u haveand bring him to best buy and charge what he wants for the balance
 
mezz

mezz

Well-known member
polarisrider1 said:
Wow, I like the idea of a signed agreement, but then it is also an admission of guilt????? No paper trail is better. Hope the guy is either way cool or dumb, pay him!!!!!
Click to expand...

I wouldn't necessarily consider it an admission of guilt (even though they are each guilty). I would consider it as an agreement between the parties which is being acknowledged by each. The release would state that the (third party) individual whom sustained the damage has been reimbursed in full & relieves the payor (at-fault party) of any future claim or liability as a result of the incident.-Mezz
 
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squat

New member
Better look into the law, considering you were the one injured. Depending on the state some of them have at fault laws and others are no fault. Nothing keeps him from asking for more money after you pay him. Does he have current insurance, or are you paying for an uninsured motorist? Worse case who has a bigger gun in this scenario?
 
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Mattarsc

Guest
Im sure I missed it, but where (city) were you riding dirt bike. Ishpeming, Gwinn etc for example alot of streets a orv sticker on the machine allows me on most roads. Most not all so don't hang me on that part. :) Id pay the 14.25 or whatever the price of sticker is and slap that on there asap. That way if you are hurt he's paying you too, just incase it went that far. Id pay him though. Maybe cashier's check? Then you have a copy and acan request copy of front and back of check when it is cash/deposited.
 
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dcsnomo

Moderator
If you write a check, or a cashier's check, write the following on the back of the check-
"Endorsement by payee constitutes a full release of all current and future claims"
 
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anonomoose

New member
dcsnomo said:
If you write a check, or a cashier's check, write the following on the back of the check-
"Endorsement by payee constitutes a full release of all current and future claims"
Click to expand...

Ah yes....attorney's will profit from this one.

While it is hard to understand why HE did not want to report this to the police, particularly since the damage was great AND you might head to the hospital and claim some injury later on....maybe he was not as "clean" on this as you might think.

The whole point of reporting an accident is to get on record the facts so that down the road, nobody changes their story.

Blame will be placed, tickets issued but no huge bills will be paid because someone figures out how to take advantage of the other.

Listen up buddy....you need to get the help of an attorney right now! If this guy is willing to "forget about it" then you need a legal document drafted up and handed to the fellow so that this does NOT come back to bite your butt.

As others have pointed out...there is nothing to prevent this guy from pocketing the coin and THEN saying you owe him again is there?

Just because you did a stupid once...doesn't mean that staying in the classification will better your life any.

If you do this right....you get to stay away from a ticket, work out a payment program that the guy can live with and learn a very good lesson in life.
 
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Dave_B

Active member
I agree with moose.

Have an attorney draw up a letter of settlement agreed upon by all parties involved. Everybody knows someone that knows an attorney.

This could be a huge legal issue if you report it know. The worst they go for is the whole DUI thing thus the delay in reporting.

Hopefully, for your sake, he has a skeleton in his closet and just wants to make this go away.

A legal letter of settlement for all parties involved is the only way this won't come back to bite you in the azz at a later date.

Good Luck!
Dave
 
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