"Stolen" Dirtbikes

[crazyluck84]

Long story short... I had permission to store my dirtbikes in my friend's dad's shed over the winter. Get a call from my friend that the bike's were stolen. Dad won't make a claim on his home owner's.

I get the police report back. 30 days from the time they were stolen is when they finally got ahold of my friend who instantly got ahold of me. The report stated the bike's were sitting outside along side of the shed and the fence was taken APART at the rear corner of the property NOT damaged. No sign of tracks or footprints even though ground was soft and wet.

I honestly don't know what happened here if they were stolen, he made the claim and kept the money (if possible even though they were my bikes). If he sold them and made it look like they were stolen.

What is this even considered legally? What are my chances/options? Do I need a lawyer or can I pursue this on my own? On the police report the value of the bikes were listed at book value at that time totaling $6k. They were $8k when I bought them can I get what I paid? I need to get this resolved.

 

[mightymoose]

I am assuming then that you did not have any kind of insurance covering the bikes?

If you have a copy of the report, get in contact with the officer that wrote it and get a personal opinion of how things looked at the time he was there... find out whether he believes the bikes were stolen or if things seemed fishy.

If it gets down to it, you could probably bring a civil suit against the dad if you wanted to give it a try. If he moved the bikes from inside the shed and put them outside then you could try to make him liable for some of the loss. I don't know how successful you would be, but you could try.

Hopefully you were able to provide VIN numbers or other identifying marks so the bikes can be returned to you if they are ever located.

... and no... you won't get what you paid for them. You will get their actual value, assuming you are able to get anything.

 

[crazyluck84]

No, I did not have insurance on the bikes.

I have talked to the officer numerous times. I would hope that if he did think something was "fishy" he could put 2 and 2 together and investigate it. I've told the officer his dad has no intentions on helping me out as far as filing a claim under his homeowners even though he gave us permission and even said they were covered. This is how the guy is. Finding out the hard way.

I've given them everything they need. Police report is done. It's cut and dry. It doesn't say anywhere in the police report they were locked up in anyway. Just sitting way outback along side the shed and the chain link fence was taken apart in the corner of the yard behind the garden shed no damage. Who would stop and say, "Hey, let's not damage this guy's fence when we steal these dirtbikes."?

Is it possible for him to file a claim and have it be sent in his name even though they were my bikes?

 

[mightymoose]

He COULD make a claim, but does not have to.
If you think you can prove that he was negligent and has some responsibility to replace the bikes or pay for them, speak with a civil attorney and figure out how you should proceed.
It sounds like you might have something to work with... up to you to figure out if it is worth pursuing or not.