What Would You Do If Someone Stole Your Motorcycle, and Then You Saw Them Riding It Next To You?

california biker motorycle injury lawyer norman gregory fernandezI recently read an article about a guy who had his motorcycle stolen, and then saw a guy riding it right next him while he was in his car. You can read the article by clicking here.

There is nothing funny about this story. The guy who had his motorcycle stolen, engaged in a high speed chase to get his motorcycle back, and did in fact get his motorcycle back.

The reason I say that there is nothing funny about this story is that I know bikers. I already know how the vast majority of bikers would answer the question that I asked in the title of this article. Some would say that they would shoot the guy; some would say that they would chase the guy, etc. Knowing bikers, it makes me laugh just thinking about how they would respond to the question.

Motorcycle thefts are currently at an all time high right now because of the increase in popularity of riding motorcycles.

I know many of you are thinking that they guy who engaged in the high speed chase to get his motorcycle back did the right thing, and that you would do the same thing, however you must consider the consequences.

In the article I referred to above and that you can read by clicking here; the guy was very lucky to not get busted himself, and very lucky that he did not get shot or injured in going after the guy on his motorcycle.

In California, and probably in most other States, only law enforcement can legally not follow traffic laws and give chase to a fleeing suspect. In California you have the right to make a citizens arrest and use reasonable force to do so, but you cannot legally engage in a high speed chase. It must be stated that if you do make a citizens arrest and use force, you could yourself be held liable for a crime, or in a civil case if you are wrong or use unreasonable force!

If you were to hypothetically see someone riding your own stolen motorcycle, and you gave chase, what would happen if you got into an accident or killed someone in the process? You would end up potentially in jail or facing a huge potential civil judgment yourself. Would it be worth it to you? In most cases that answer would be no or at least I hope.

The guy in the article probably did not have appropriate theft insurance for his ,500.00 motorcycle, so that his insurance company would cover the loss of the motorcycle. In the article he mentions that $4,500.000 is a lot of money to him. This is another issue. I do not understand why anyone would not buy insurance for a motorcycle or other motor vehicle to cover you in case it is stolen or wrecked. It does not make sense to me. If you value your motorcycle or other motor vehicle than insure it!

I completely agree with the advice that law enforcement gave in the article. If for some reason you ever find yourself in the same situation as the guy in the article, and see someone on your stolen motorcycle, the best thing to do would be to call 911, lay low, and try to follow them without them noticing you. You can then direct law enforcement as to where the motorcycle is heading, etc.

Had the guy in the article laid low and not yelled out, “hey that is my motorcycle,” than there would probably have not been a high speed chase, and he probably would have gotten his motorcycle back through law enforcement.

Use common sense if you are ever confronted with the unlikely scenario discussed above. A motorcycle is not worth risking your own life for under any circumstances.

By Norman Gregory Fernandez, Esq., © 2007

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8 Comments

  1. sandie [ Member]

    It would be difficult not to chase the dirty thief down. Most bikes that are stolen in Florida usually end up in Chop Shops. Anything extra to your bike needs documentation and sent in to your insurance caarrier.

    Reply
  2. kelfen

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    Reply
  3. sandie [ Member]

    Odd you should ponder if the thief would have a gun. Most probable, seems like all criminals have guns. Seems like we have a bank robbed daily in Florida. Bank robbers are busier than Butch Cassidy and the Sundance Kid. I am not going to holler or chase anyone at high speed. We have people here getting shot because of road rage incidents!!!!!

    Reply
  4. James Hunaban

    Definitely it would be best to call the cops, but in the heat of the moment, who knows.

    Reply
  5. Norman Gregory Fernandez

    I hear you. What would you do if you caught up to them and they were armed with a gun? Lay low, try to follow safely, and call 911!

    Norm

    Reply
  6. Norman Gregory Fernandez

    Indeed. It is better to lay low and wait for law enforcement to do their jobs rather than risk it yourself. No motorcycle is worth your life.

    Norm

    Reply

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