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Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle

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  • 08-06-2015, 10:47 AM
    melisc411
    Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    My question involves criminal law for the state of: MA
    My friend and I was recently at a place of business and the owner had a mini motocycle on the sidewalk in front of the business that belong to him personally. My friend sat on the bike to check it out. After he got off the bike and walked away the bike fell over on the ground. The owner of the bike now wants him to pay for the damages or says he will file for destruction of private property. He threatens that he has our plate numbers from the vehicles and will get the information for where we live thru the police. The bike is unregistered and uninsured. Can he do that?
  • 08-06-2015, 11:03 AM
    flyingron
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    He can certainly SUE you for damages. He can file a complaint with the police as well, though destruction of property requires either wanton or willful and malicious damage. Accidental damage isn't criminal.

    Why don't you want to pay for the damage you caused?
  • 08-06-2015, 11:20 AM
    melisc411
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    I'm not saying my friend is not willing to pay for damages. Put who is to say there was not damage there before this happened? Who should be the one to decide what damage was cause by the fall? I understand that he thinks something is owed. I in no part touched or sat on the motorcyle so how can he come after me in the first place? Also say the damge is over $500. If the motorcycle is supposed to be registered and insured, then the claim would go through the insurance company and only the deductible should have to be paid. Also if the bike is parked illegally on a sidewalk that is ok?
  • 08-06-2015, 11:23 AM
    cbg
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Where the bike was parked is immaterial to the fact that your friend sat on it, which he had no business doing, and knocked it over.

    And who is more likely to know about any previous damage; the owner, or your friend?
  • 08-06-2015, 12:28 PM
    melisc411
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    SO your saying no matter what you have to go based on what the owner said was for damage and nothing else. There are plenty of people out there that are trying to get something for nothing or other people to pay for their stuff. He did not knock it over as he got off the bike. he sat on it got off and then a few minutes later the bike fell over. Other people walked by this bike in between, whos to say someone else didnt brush by the bike causing it to fall over. For the simple fact that he sat on it he owes it.
  • 08-06-2015, 12:42 PM
    John_28
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Quote:

    Quoting melisc411
    View Post
    he sat on it got off and then a few minutes later the bike fell over. Other people walked by this bike in between, whos to say someone else didnt brush by the bike causing it to fall over. For the simple fact that he sat on it he owes it.

    The fact that other people passed the bike inbetween, can be a defense to a civil lawsuit once the lawsuit is filed.
  • 08-06-2015, 12:53 PM
    melisc411
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    SO then here is my next question. this guy has security cameras on his building he so nicely texted me the video showing the person sitting on the bike and then cut it off. Is there something i can do to get a copy of the tape to show people walking by and the length of time it took for the bike to fall over?
  • 08-06-2015, 01:06 PM
    cbg
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Who's to say that there was other damage? Who's to say that other people did brush by the bike and cause it to fall over?

    They've got tape of your guy on the bike. Why should they think anyone else was involved?
  • 08-06-2015, 01:16 PM
    melisc411
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    He has plenty of video tape of other people touching the bike as well. so because he sat on the bike he caused it to fall over. He has plenty of video tape of other people touching the bike as well. The bike didnt even fall over until after atleast 5 minutes after he got off the bike. Other people looked at the bike as they walked by. Why wont he produce any more of the video tape? What is he afraid of? It seems to me that because he can read the license plate of my car on his video i am the easy target to go after. I can he pursue me when i was never anywhere near the bike and that is cleary shown on the video as well.
  • 08-06-2015, 01:16 PM
    Dogmatique
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    I'm sorry, but why is it okay to touch someone else's possessions without their permission?
  • 08-06-2015, 01:25 PM
    melisc411
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    im not saying it is ok to touch someone else's possession. but you should also not have it in the middle of the sidewalk where people have to walk around it. Its human nature to look at it then, especailly when it is in front of a business with 3 other bikes and it looks they are for sale. You dont want anyone touching them or looking at them keep them inside your business then or put a sign up stating please dont touch bikes.
  • 08-06-2015, 01:29 PM
    geek
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Quote:

    Quoting melisc411
    View Post
    He has plenty of video tape of other people touching the bike as well. so because he sat on the bike he caused it to fall over. He has plenty of video tape of other people touching the bike as well. The bike didnt even fall over until after atleast 5 minutes after he got off the bike. Other people looked at the bike as they walked by. Why wont he produce any more of the video tape? What is he afraid of? It seems to me that because he can read the license plate of my car on his video i am the easy target to go after. I can he pursue me when i was never anywhere near the bike and that is cleary shown on the video as well.

    What is he afraid of, you ask? You are the one who seems to be afraid. Tell your "friend" to stop sitting on other people's motorcycles. One day he'll really sit on the wrong one and he'll be worried about far more than a lawsuit, lol...
  • 08-06-2015, 02:20 PM
    Dogmatique
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Quote:

    Quoting melisc411
    View Post
    im not saying it is ok to touch someone else's possession. but you should also not have it in the middle of the sidewalk where people have to walk around it. Its human nature to look at it then, especailly when it is in front of a business with 3 other bikes and it looks they are for sale. You dont want anyone touching them or looking at them keep them inside your business then or put a sign up stating please dont touch bikes.

    Your parents didn't teach you the difference between "look" and "touch"?
  • 08-07-2015, 09:13 AM
    yyz0
    Re: Can You Be Charged With a Crime for Knocking Over Somebody's Motorcycle
    Quote:

    Quoting melisc411
    View Post
    If the motorcycle is supposed to be registered and insured, then the claim would go through the insurance company and only the deductible should have to be paid. Also if the bike is parked illegally on a sidewalk that is ok?

    Who says the motorcycle has to be registered and insured? If it's not being driven on the road then there is no need to register or insure it.

    I've owned 7 motorcycles in my riding career and I've never had collision/comp coverage on any of them. So even though my bikes were registered and insured I would not be covered for some stranger causing damage to the bike.
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