Oh Great...I own a STOLEN quad!!!
#11
08-06-2002, 11:28 AM
Josh
The bank probably didn't run a vin check to see if it was stolen. They were probably counting on the state to do that when you registered it. I am surprised the state didn't catch the stolen vin # when you registered it. As part of the titling procedure for pre 99 atvs in Ohio, you have to take them to the BMV or a car dealer and have a "vin inspection" done. They essentially verify the vin number on the frame and submit it for a check to see if it is stolen. You have to have this done before a title is issued. A title is required know in Ohio before you can register an atv, even if it was previously registered without a title (which tells me they may not have been checking for stolen status in the past). Keep your registration and all paperwork. DO NOT give originals to the police or prosecutors without getting a reciept of them. These will help you with your case in getting the quad back or getting some reparations from the guy that committed the insurance fraud.
The bank probably didn't run a vin check to see if it was stolen. They were probably counting on the state to do that when you registered it. I am surprised the state didn't catch the stolen vin # when you registered it. As part of the titling procedure for pre 99 atvs in Ohio, you have to take them to the BMV or a car dealer and have a "vin inspection" done. They essentially verify the vin number on the frame and submit it for a check to see if it is stolen. You have to have this done before a title is issued. A title is required know in Ohio before you can register an atv, even if it was previously registered without a title (which tells me they may not have been checking for stolen status in the past). Keep your registration and all paperwork. DO NOT give originals to the police or prosecutors without getting a reciept of them. These will help you with your case in getting the quad back or getting some reparations from the guy that committed the insurance fraud.
#12
08-06-2002, 11:32 AM
#13
08-06-2002, 11:34 AM
Someone obviously made a mistake at the bank or registration company!! I would think they would get their money back from the original owner and then you would get your quad back. They would of course keep it until they got their money. If you loose everything and are left with the bank loan then you can sue the insurance company or the original owner for your money.
#14
08-06-2002, 11:42 AM
Sorry to here that bro.
You may want to ask a question or do some research on this board Free Legal Advice. I would seriously consider getting a lawyer.
Sorry.
You may want to ask a question or do some research on this board Free Legal Advice. I would seriously consider getting a lawyer.
Sorry.
#15
08-06-2002, 11:47 AM
Damn, dude that sucks.
Here's my plan it may actualy work.
Contact the insurance company. They have the legal ownership of the quad.
Find out who is handeling the case.
Make and appointment to talk to the person in his office.
When you get there explain very clearly what happend and how much money you are out. Have all documents to support your story.
Explain that you are here to help right a wrong done to the insurance company and yourself and that you would really like to get the quad back. You paid for it once, yada, yada, yada.
Offer to testify as a witness in exchange for the quad back. The insurance co. doesn't want the quad, they would have to sell it, time and money to them.
Hope it works out, good luck.
Smitty
Here's my plan it may actualy work.
Contact the insurance company. They have the legal ownership of the quad.
Find out who is handeling the case.
Make and appointment to talk to the person in his office.
When you get there explain very clearly what happend and how much money you are out. Have all documents to support your story.
Explain that you are here to help right a wrong done to the insurance company and yourself and that you would really like to get the quad back. You paid for it once, yada, yada, yada.
Offer to testify as a witness in exchange for the quad back. The insurance co. doesn't want the quad, they would have to sell it, time and money to them.
Hope it works out, good luck.
Smitty
#16
08-06-2002, 01:53 PM
Unfortunatly some insurance companies are worse than thieves!
They are going to find the quickest way to recoupe their $$$$. That means taking the quad & selling it at auction. That way they don't have to pay expenses of a trial.
That's why you need to pressure them to press charges against the original owner that kept their check. It's your only hope to get the quad back without a major outlay of time & $$$$.
Did you have insurance on the quad? That may be a way to get your money back (it would still require a lot of screaming & yelling)
The insurance company cares nothing about you & your $$$ loss, they only want their money back & don't care about anything or anybody else.
They are going to find the quickest way to recoupe their $$$$. That means taking the quad & selling it at auction. That way they don't have to pay expenses of a trial.
That's why you need to pressure them to press charges against the original owner that kept their check. It's your only hope to get the quad back without a major outlay of time & $$$$.
Did you have insurance on the quad? That may be a way to get your money back (it would still require a lot of screaming & yelling)
The insurance company cares nothing about you & your $$$ loss, they only want their money back & don't care about anything or anybody else.
#17
08-06-2002, 04:17 PM
Maybe I am old OR missed something. I assume you never got the pink in the mail (because it was reported stolen) mistake number one! You should have taken bill of sale down 10 days after purchased, which is required in most states, mistake number two! I assume you were getting loaded (which you say you can't talk about [img]i/expressions/face-icon-small-wink.gif[/img]) mistake number three! You removed the plate, why? hummmmm. Was it ever there? Mistake number four!
When I went out to purchase my bike, most people told me they don't have the pink (they lost it) uh-huh, for those of you that think you wont be caught, you will sometime or another.
Its sad to think, people pull this cr*p all the time, selling stuff that isn't theres. Hence, receiving stolen property.
Personally, take the previous owner to small claims court, if it goes side-ways!!
Good luck!
When I went out to purchase my bike, most people told me they don't have the pink (they lost it) uh-huh, for those of you that think you wont be caught, you will sometime or another.
Its sad to think, people pull this cr*p all the time, selling stuff that isn't theres. Hence, receiving stolen property.
Personally, take the previous owner to small claims court, if it goes side-ways!!
Good luck!
#18
08-06-2002, 05:00 PM
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<< I assume you never got the pink in the mail (because it was reported stolen) mistake number one! >>
What is the "pink"? My registration? Yes, I got it in the mail and the quad is legally registered.
<< You should have taken bill of sale down 10 days after purchased, which is required in most states, mistake number two! >>
I realize now that I should have ran the # through with the Police, however like I said, I am ignorant and figured that the bank would have checked that sort of thing.
<< I assume you were getting loaded (which you say you can't talk about [img]i/expressions/face-icon-small-wink.gif[/img] mistake number three! >>
LOL...no man...no drugs or alcohol involved. I would be happy to tell you in a PM, just not here on a public message board. I just don't want to incriminate myself, or other people if the law happens to be reading this....Nothing to do with the quad being stolen or anything though.
<< You removed the plate, why? hummmmm. Was it ever there? Mistake number four! >>
I removed the plate because we were filming a video and "possibly" doing things that wouldn't look good to the authorities. I did not need the plate on there for that reason. I was an idiot and threw it into the truck rather than under the seat on the 4-wheeler. Yes, it was there prior to that day. Regardless, I had told the cop it was registered and he didn't believe me because he said it was "impossible" to register a stolen vehicle. I know as a fact he could have radioed in to see if it was registered so it shouldn't have mattered.
<< When I went out to purchase my bike, most people told me they don't have the pink (they lost it) uh-huh, for those of you that think you wont be caught, you will sometime or another. >>
Hmmm....still wondering what the pink copy is. See, up here we don't have to have titles, registrations, or anything. Like MagnumMudMan said, that doesn't help the situation because when you buy something from someone all you have is a piece of paper saying they are selling it to you. If we had titles it would have made things easier because he probably would have had to given it to the insurance company.
I spoke to a lawyer and they said that they are sure that I will not lose out on anything. I'll believe it when I see it, but that's what they say. They said that the worst case scenario is the quad goes to the insurance company and I lose whatever accesories I have put on it, but get the money back that I paid for it. They said that more than likely I will be able to keep the Banshee and nothing will change.
Hah, the way my luck has been going lately that sounds too good to be true...like I said, I will believe it when I see it.
-Josh
#19
08-06-2002, 05:35 PM
Josh
The pink slip he is referring to is another term for a title. When Ohio passed its title law in 2000, I thought it was a pain and just for sales tax reasons. I guess it does have some merit.
I would doubt that when they prosecute the guy that committed the insurance fraud that the judge will allow the insurance company to double dip by getting the money back and the quad and you get nothing. Your best hope is that the police build a quick case against him for insurance fraud and he accepts a plea to repay the money to either you or the insurance company. If this goes to trial, you may be out of a quad or your money for awhile. The last resort would be to file a case against him in small claims court. It should be easy to win, but collecting on it is a different matter.
The pink slip he is referring to is another term for a title. When Ohio passed its title law in 2000, I thought it was a pain and just for sales tax reasons. I guess it does have some merit.
I would doubt that when they prosecute the guy that committed the insurance fraud that the judge will allow the insurance company to double dip by getting the money back and the quad and you get nothing. Your best hope is that the police build a quick case against him for insurance fraud and he accepts a plea to repay the money to either you or the insurance company. If this goes to trial, you may be out of a quad or your money for awhile. The last resort would be to file a case against him in small claims court. It should be easy to win, but collecting on it is a different matter.
#20
08-06-2002, 05:43 PM
<< Josh
The pink slip he is referring to is another term for a title. When Ohio passed its title law in 2000, I thought it was a pain and just for sales tax reasons. I guess it does have some merit.
I would doubt that when they prosecute the guy that committed the insurance fraud that the judge will allow the insurance company to double dip by getting the money back and the quad and you get nothing. Your best hope is that the police build a quick case against him for insurance fraud and he accepts a plea to repay the money to either you or the insurance company. If this goes to trial, you may be out of a quad or your money for awhile. The last resort would be to file a case against him in small claims court. It should be easy to win, but collecting on it is a different matter. >>
Glad to hear your on the up&up Josh! (drugs,etc.)
The person is right, small claims will probably be your next step as your Lawyer probably told you. As for collecting, a court marshall can go to his bank and debt the amount for the judgement [img]i/expressions/face-icon-small-smile.gif[/img] Your state SHOULD have a pink slip it gives for proof of ownership. You are forsure in a catch 22, sorry man. I'd be very mad, run the vin# next time. Also, the DMV should take some blame on this, as they gave you clear title I assume. Go to DMV and b*tch also..
I would have to say, if you got clear title, then the quad came through stolen, its yours. DMVs fault. Talk to your lawyer!!!