Expert: Ron Cercone - 6/3/2009

Question
Hello, a friend of ours took my husbands motorcyle for a quick ride without permission and it's now a total loss. The bike was 2 weeks old unfortuantely we didn't have collision just comprehensive insurance. He didn't hit anything just put it down. What is considered theft? Does it have to actually be stolen? The police report state he took the bike without permission. It was just for a quick joy ride up the street but that's all it took. He has his own motorcycle insurance can we go after them? Our insurance company is crap and I can't get any answers from them. The police state it needs to be filed as property damage since it was not a "accident"

Answer
Hello Tracy,

I believe that's called theft, and your friend needs to learn a lesson. If your friend doesn't want to pay for the motorcycle, then let him worry about the consequences and grow up. If your friend is a poor boy, at least he can cooperate with your plan of action (and even spend a night in jail if necessary).

I'm no coverage expert so don't take what I say as final. In fact you may want to consult an "accident attorney" for 30 minutes.

From the standpoint of the insurance company, as long as you file a police report for "theft", they should cover it. If they don't, sue them (the insurer for breach of contract and your friend for theft and negligence, etc) in small claims court (or big court if feasible). It makes no difference that you know who the "thief" was or that is was a "recovered theft". In fact it should make the insurer happy because now they know who to go after to recover the money they paid you.

As to the police, you can ask them what will happen to your "friend", but its unlikely he will go to jail, and if he does, let HIM post the bail. He may be ordered to pay restitution with probation. Most jails are over crowded so your friend could plea bargain. Whatever, that's his problem.

You can also drop the charges, AFTER the insurer has paid or denied the claim. The police report puts pressure on the insurer to pay.