Man, what a weekend.

Well, myself and some other guys are working on an ATV video. We got together for a little bit of "Street Freestyle" this weekend. I'll save the details just to be safe.

Anyway, for one reason or another I was parked on a private road, right next to a paved road. Both of my quads were there since I was letting a friend ride one incase I wanted to use it for the video.

Now as we were sitting next to the paved road a State Cop came by and stopped (he had a reason to stop, but I cannot mention it). Unfortunatly we were parked on private property, and in Vermont you need written permission from the land owner in order to ride on their land...we did not have this. He also asked for the registrations on each bike. Well, stupid me took my plate off of my Banshee so it wouldn't show up in our video. A smart person would have stuck it under the seat over the airbox or something, but me, being the idiot that I am, left it in the truck which was about a mile away.

The officer didn't really tell us what he was going to do in terms of fines...as I said, there is more to this story that I cannot tell right now...at least online. He did say that he was going to call a tow truck in to haul the quads back to the trucks "Just to teach us a lesson". I asked if we could push them and he said no, and I asked if we could walk back to the trucks and he said no to that as well.

So we're sitting there and I'm thinking that this can't get much worse...Well he gets out of his car and says "I hate to say this, but this is going to turn into a long day". Obviously I knew that wasn't because he wanted to stick around and go riding with us after we got back to the trucks [img]i/expressions/face-icon-small-wink.gif[/img]. He then said that he ran the VIN# on my Banshee and it comes back STOLEN!!! I explained when I bought the quad, and who I bought it off of. That also reminded me of the night that I bought it. When I was looking at the quad it had a crack in the rear fender and the grab bar was bent up. I asked the owner why it was like that and he said because the guy that had it before him had it stolen from him, then recovered with that damage. The cop didn't really believe my story I don't think. Then I said that the quad was legally registered in my name, and I had the bill of sale and everything. He told me that there was no way that it could be stolen if I had it registered....That sounded great to me, but when I asked to go get my plate and my paperwork he said no. Still, I'm sure that he could pull the info up with one call on the radio anyway.

Okay, things get worse from here...back to the Banshee in a minute. He asked for the VIN# off of the 400ex and I said sure....I looked and I looked for it but I could not find anything. The whole time I'm thinking that I'm dead meat if I can't find it. I had the quad standing upright, flipped on its side and everything but I could not find the vin. We were all looking for it also. I have only had the quad a couple of weeks and I had never looked for it. The guy that I bought it off of painted the frame, but I didn't think that it would cover up a stamped VIN. Anyway, by this time I was looking like an Angel in the cops eyes...NOT.

The flatbed arrived and both quads were taken to the Police Barracks for being possible thefts. I must have told him a million times that I did not steal them.

Anyway, when we got back to the barracks a bit of good news came through...first of the day. The cop had a fax waiting for him...I didn't see what it said, but he turned to me and said there were some "discrepencies" in the case and he wasn't sure about the Banshee right now. He wanted me to go back home (the way we just came from) and get all my paperwork and call him and he would tell me if he wanted me to bring it down or not. The guys that were filming had to go to the station as well, so I rode back with them to get my paperwork which was at my parents house.

My father was there when I arrived and I explained the situation to me. Luckily he had located the VIN# on the EX previously so he told me where it was. I guess that since they painted it, it made it really difficult, if not almost impossible to spot without knowing right where it should be. So I call the officer back with my "good news" and he basically told me he was still investigating both quads and he wanted me to give him the Phone #'s of the previous owners of both, and fax the bill of sale and all other paperwork to him...Which I did. At this time I figured that it was just a missunderstanding and the police may have forgotten to close the case on the stolen quad and everything was going to turn out okay.

I waited at my parents house for him to call back, and ended up leaving to go back to my place around 8:00. When I got home my girlfriend told me that he had called for me. I called him back and he said that he had talked to the previous owner of the Banshee and he denied telling me anything about it being stolen previously. I told the officer that I had a friend with me, and a few other people standing right there when he said it. I gave him the name of my friend as a witness. However, at this point I'm wondering why he is still investigating since the guy did admit to selling the quad to me. Either way I called my friend up that was with me at the time of sale and I explained that he may be contacted by the Police.

Anyway, tonight I got a call from my friend who also knows the guy I bought the quad off of, and a few other people related to this story. He went to the previous owners house to ask him why he lied to the cops...He said because he didn't want to get involved...Great, thanks a lot man. Well he also happend to stop at a few other places and it seems like there is more to this story than I thought.

I guess that the guy that owned it BEFORE the guy I bought it off of did indeed report it stolen from him. He processed a claim through his insurance company and then found out himself who stole his quad. Him and a friend went over to the guys house one night and got the quad back. He neglected to inform the insurance company about this so they sent him a check. So he had a check for what the quad was worth, along with the actual quad! He sold it to the guy that I bought it from and thought he was getting away scott free. Anyway, of course I now own it and the truth comes out. I guess the Police did find this out and two troopers were at the guys house last night, however I have not heard more. The officer investigating my case was not in today so I have to wait until tomorrow to find out what is happening.

Now, if you can follow what I'm saying, what do you think will happen? Will I lose the quad because it is technically stolen in a way? If so is there any way to get my money back? I apologize if the story is confusing, but there are a lot of details, and I found myself leaving a few things out and having to go back and edit what I wrote. Sorry if it doesn't make sense.

As for the Honda, I am currently waiting to hear on that as well. Last I heard the officer was trying to get in touch with the previous owner. Not sure why because we did find the VIN # and I highly doubt this comes back as being stolen also!!!

So the bottom line is, both of my precious quads are sitting impounded right now.

Unfortunatly I was where I wasn't supposed to be...if I hadn't been there this would have been avoided. It is kind of nice to know the story behind my Banshee, and I hope the crook it brough to justice, but I am worried about what will happen to me. I don't want to lose the quad and get absolutely nothing.

Anyway, if you got this far, thanks for reading.

-Josh (Quadless)

Whoa Josh, that sounds like a rough day indeed.

I feel for ya seriously.

I have seen similar situations with stolen ATVs and motorcycles as well.

In all the cases that I recall, the quad legally belongs to the insurance company.

If you want to keep the quad, you will have to negotiate it through the insurance company, which I have seen done with success and cheaper than you might think.

This is only if it does indeed belong to the insurance company. From what I have read in your post, this is what I understand it to be.

Keep us posted on what you find out.

Most likely you have lost the Banshee. IFThe stories you are getting from the guy you bought the quad from and the guy before him are true (very, very doubtful BTW) then the quad is legally owned by the insurance company that "bought" it when they paid the claim on the "stolen" quad. Unless you are able to buy the quad from the insurance company, they will retain ownership. Legally, your title and registration aren't worth squat as the insurance company had legal ownership, not the guy who sold it to the guy you bought it from.

That said, be aware that most of the story that you have heard and believe is probably BS. I too, have owned a stolen quad. While it only took me a week to discover it was stolen (found the filed VIN #) it took over three years to get things set right. During that time I heard every possible story on what "really" happened, 99% of it lies. Any story as convoluted as yours - stolen, found, repossesed by owner, paid for by insurance - is strictly a story concocted to try and answer all the questions. While it may be true that the guy before the guy you bought from is dishonest, my guess says that the guy you bought it from is no innocent in this either.

BTW, I chased the guy I bought my stolen quad from through five different court sessions as well as one bankruptcy. I promised him early on that I would get every cent back out of him, no matter how long it took or how much it cost. He didn't believe me. He was wrong. He wound up paying back the cost of the quad as well as all the parts that I had purchased for it. Even so, it took a long time and a lot of work.

Good luck with it but expect some major disappointments.

Jaybee

I would be pissed.

Get some metal knuckles and beat CRAP oughta the person who stole it.

I see now why you decided to not try for a career as a cop.

What would beating the guy up solve?? Just one more court session that will cost some major bucks.

It sounds to me like your in for a long uphill fight.
Force the insurance Co to press fraud charges on the guy who kept the check & sold the quad. He may not go to jail (at least for as long) & that could motivate him into coughing up the $$$$. That's the quickest way for it to get settled but no matter what you're gonna be out a quad for a while.

Your next step is to sue both of them but the lawyers are gonna end up with most of the $$$.

What a sticky situation!

If I were you, I would contact that insurance company and get cozy with them. Explain the situation and offer to be of any service that you can possibly be to help THEM recover their money. Althought they are the ones that legally own the quad, if they have any decency about them maybe they'll go after the guy that actually committed the fraud and help you out somehow.

I don't know how this stuff works, but that's what I'd do.

I hope everything goes well. Please, keep us abreast of what happens. This could be a good lesson to the rest of us.

Wow...It sounds like I'm S.O.L. guys.

I don't really know the people involved personally, so I cannot say what is true for sure. The town they live in is small and news gets out fast, but it isn't always correct.

I am going to talk to the officer today to see what is going on...I hope to god that none of the stories I have heard are true, but I wouldn't be suprised if there is some truth the them.

So even though I have a bill of sale from the person I bought it from, I still can't get my money back if I give the quad back to the insurance company? Would it really require a long court battle for something so obvious? I really like the quad, but I don't have a problem losing it as long as I get my money back.

It's amaizing how the justice system works...I consider myself a victim in this as well. Like I said, I got a loan for this quad and it is also registered...Never did I hear about it being stolen (I am guessing the Bank checks that, and I am sure the DMV checks upon registration as well).

I also can't see why the insurance company wouldn't just press charges against the original owner of the quad and just get their money back from him. That would be the best route for me, but I guess it would be more difficult for them than just taking the quad from me. Who knows.

Well, other than that I'm just waiting right now.

Thank you guys for you comments...I sincerely appreciate your help. I will keep you posted.

Take care.

-Josh

Pirhana

Some days are bad, and other just outright blow!!!! I would agree with the others that the insurance company owns your quad. Best case scenario is that they prosecute the guy that committed insurance fraud by accepting the money and reselling the quad. Hopefully he will plead it out and have to repay the money to the insurance company. You should stay in touch with the insurance company and the prosecutor on this case and you may get to keep the banshee for a minimal fee, especially if you can prove to the judge and prosecutor that you paid money in good faith for the machine. The insurance company does not want to own the machine and only wants their money back. They should work with you on this. Only drawback, don't be expecting to get it back for awhile. On a future purchases note, when buying a used quad in the future, get the vin number off the machine (not off any paperwork) and take it to the local police office and have them run a check on it before you buy it. If the owner won't let you, walk away, it is probably stolen.

Ohio started titling atvs in 1999. It is a big hassle, especially for older vehicles to get titled, but it would have prevented this entire mess. If you go to buy a used atv in Ohio and the owner doesn't have a title (pre 1999 vehicles didn't have them), they have to get it titled before they can sell it. Titling involves a vin inspection to verify that it was not stolen.

Excuse my ignorance, I but I have a question. When I submitted the VIN# to the bank for the loan don't they check that stuff out? That's why I figured there wasn't a problem with it.

I was even able to obtain a registration for it, which the Police officer told me is "impossible" if the quad was stolen. Well if that is the case then the state made a mistake somewhere....It's either not stolen, or they didn't check it out properly. He didn't want to accept that though.

LOL...I went from having two decent quads to absolutely squat in one day. Wonderful.

-Josh