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  1. #1
    Join Date
    Aug 2015
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    6

    Default 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?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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?

  3. #3
    Join Date
    Aug 2015
    Posts
    6

    Default 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?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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?

  5. #5
    Join Date
    Aug 2015
    Posts
    6

    Default 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.

  6. #6
    Join Date
    Jun 2014
    Posts
    185

    Default 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.

  7. #7
    Join Date
    Aug 2015
    Posts
    6

    Default 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?

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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?

  9. #9
    Join Date
    Aug 2015
    Posts
    6

    Default 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.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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?

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