Stolen motorcycle recovered, how to recover losses in claims court?

Question

I had a motorcycle stolen from my place about 4 months ago. I got a call from the police saying the caught a guy who crashed it after they went on a highspeed chase after him (over 140) and then crashed it on a dirt road.

Insurance has already paid me maybe 75% of my total losses, can I sue the guy to recover the rest? I know I am owed at least the deductable which was $1000.

And please don't answer simply yes I can sue him, I know it is possible but please let me knowl me why, let me know what I need to prove in the court of law, let me know which type of court, let me know if I should file now or after the thief has been charged/tried etc etc etc. THANKS!!

Answer 1

yes you can sue but really you think he has money to pay when he dont have money to buy a bike or hes in jail.... just be glad you got it back... talk with a lwayer

Answer 2

First off, your insurance company should take the steps to recover both their loss and your deductible. After they recover this, your deductible should be returned to you by your insurance company. My insurance company returns my deductible to me first, even if it takes them 4 years to get full recovery I get my money as soon as they recover enough to return it to me.

If you want to take this bird to court, talk to an attorney to see just what your rights and chances of recovery might be.

Answer 3

Of course you can sue him!  He damaged YOUR property and is legally liable for your costs.  The Small Claims process is pretty simple, just stop by the Court Clerk's office and they can walk you though it easily enough.  However you can probably recover your deductible without suing him.  Since your insurance company has paid you already, give them copies of the police report and his name and address.  They will go after him for reimbursement and if they recover from him, they'll reimburse you for your deductible.

Answer 4

Here are some general suggestions.  Rules vary from state to state.  For definitive legal advice, consult an attorney in your state.

If seeking $1000 or any other amount that is not more than the maximum for small claims court, sue in small claim court.

You have to prove that he damaged your property.  The testimony of a police officer who saw him crash the motorcycle is sufficient to prove that he damaged property (unless there is some reason to suspect the officer of lying).  To prove that the property was yours, you need the title document from the DMV saying that you own(ed) the motorcycle.  To prove the amount of damage, use whatever documentation was used for insurance purposes: for example, the estimates from repair shops, the insurance adjustor's report, a letter from the insurance company stating that it was totally destroyed and what its value was, etc.

File now.  If you wait, you risk missing a deadline and being unable to file (ever).

If your state allows, sue for the entire amount of the damage, including what the insurance covered.  You cannot keep more than the amount of loss that was not covered by insurance.  For example, if the thief pays for the entire amount of the loss, you have to repay the insurance company what it paid you).  However, it would be better for the insurance company to have that money than for the thief to have it.  Also, they are less likely to raise your rates if they are repaid.

Answer 5

I do not know but I am glad he got caught and you got your bike back.