Ok so here's the deal, I invited a buddy of mine (at the time) to bring up his dirt bikes ('00 kx125 and '91 cr80r) to go riding. So we went out riding the trails no problems both bikes running great, I crashed in a puddle while using the Honda cr80r and it stayed running until the time when i believe the carb ran out of gas because it was on its side, so we pulled it up out of the puddle and it started first kick, ran good did some more riding and then rode home and took a little 30 -60 minute break and were back at it, so we go riding down this dirt road and were having fun and got to the end and turned around. After turning around we were about half way back and the bike (cr80r) Boggs and starts to die so I start to drop gears, it was the first time I had ever really ridden so I didn't know what to do. I came to a stop knowing very well that it blew up, so we start walking back to the house and we get pulled over by a cop, the cop talks to us and says he's got no evidence since we weren't riding when he came, so he let us go. We get back to the house and we start into the motor to find the inevitable, the engine was blown due to the main bearing (connecting rod to crankshaft bearing) let go and killed everything inside. My buddy said that he had put in a new piston and ring in the engine last year but did nothing else, he wasn't sure how many hours were on the main bearing because he had never replaced or looked into it when the engine blew up the first time. When engine blew first time pieces of the piston skirt went through the whole engine. So he comes after me saying buy it or fix it, he wanted 675$ for the blown bike so that was out of the question, and the repair was going to be around 400-450$ so I refused to pay because the part that failed should have been replaced when the engine blew up previously. Note: he didnt mix the fuel to the 50:1 ratio it required, just poured some oil in the tank and said good to go. So He had asked me before riding if I'd pay to fix if The bike broke in any way while I was riding, me thinking if I crashed or something causing damage. But I still refused to pay, now he wants to take me to small claims court and wants to sue me for 500$ at an interest rate of 35% a year, I haven't received anything In The mail yet so nothing has come of it so far. What do you guys think was it my fault it blew up or what? Can he win?
Small claims court for Dirtbike
- Thread starter dillymann123
- Start date
I have never seen a CR80R have a 50:1 fuel mix ratio in the owner or service manual. It has always shown 32:1. I would just let him spend his money attempting to sue. He mixed the fuel and thus he has the responsibility for the damage due to that fuel mix ratio. The oil in the fuel mix is what lubricates the rod and crank bearings.
PawPaw
PawPaw
I once lost $1200 (cashiers check) in the mail. They forged the name and cashed it. I was informed I'd have to go to small claims court against the check cashing location for accepting a forged/altered check.
I began the procedure and quickly realized I was going to spend MUCH more than $1000 to actually go through with the proceedings, fees, and my own time ($50/hour... which is crazy low for my free time).
I gave up even though I had a slam dunk case. It was not worth my time, effort, and money.
I say let it ride. Deny you ever rode his bike. Period. -BIG DAN
I began the procedure and quickly realized I was going to spend MUCH more than $1000 to actually go through with the proceedings, fees, and my own time ($50/hour... which is crazy low for my free time).
I gave up even though I had a slam dunk case. It was not worth my time, effort, and money.
I say let it ride. Deny you ever rode his bike. Period. -BIG DAN
Good news here is you cut him loose as a "buddy" ........course sounds like he probably wasn't ever buddy material to begin with....as far as his threats to sue, it's your word against his, and he has to prove you were to blame for the engine damage, which is probably impossible. Besides the whole " I just dumped some oil in the tank." Deal is pretty irresponsible, so you should be good to go there.
He sent me this yesterday: There was more than sufficient lubrication in fact the fuel was mixed around a 40:1 ratio. I also decided not to replace bearings in the bottom end due to the nature of the top end failure. I have spoken with personal friend of mine who teaches a college course on motorcycle engines and is the head mechanic at snow city cycle. He has informed me that it was more than likely multiple factors lead to the bearing breaking. First off your weight which put more than average stress on the motor especially that bearing also your riding ability which is not that great and I witnessed you over and under rev the bike several times. Lastly the crash you had into a very deep puddle, we found evidence that the dirty water had made it's way into many parts of the motor including the fuel tank which would be how it got to the connecting rod bearing. Now I'm not going to argue with you any longer because as I said this was an experts opinion. And btw please don't send me bull shit messages any more or I will also be suing for harassment.
I think it's a pile of bull shit because when I went down into the puddle the bike was running most of the time and I was trying to hold it up out of the water
Never a borrower or lender be. The only times I have had someone else's bike damaged in my possession I worked it out with them. None were unreasonable. Twice in nearly 50 years of riding. Several times I was asked to ride rigs to sort out handling problems and had engine failures. Only one man asked me to cover engine damage. Another friend intervened and told me to us both to "trade invoices".
Hey I've drowned one of my bikes probably 2 dozen times, and only once can I attribute it to cylinder failure, but I have an ever had a lower end fail because of water in the engine. The professor guy he has filling his ear has nothing on my years of trying to imitate a duck going thru water up to my air box and sometimes completely submerging bike and rider. And that's in glacier silt streams.
Not and ride it the way you did. There was just too much going on inside an old engine for that . It is just a point if fairness and you not clarifying what damages you would cover. So for me, and to be honest with you, I think he asks too much and you are taking your responsibility too lightly too.
As for his "expert", he primed the questions. The assessment may not be far off, but moot and conjecture can describe it all. Some teachers are teaching for far less than field mechanics are making. Possibly due to desire and possibly due to the old adage.
As for his "expert", he primed the questions. The assessment may not be far off, but moot and conjecture can describe it all. Some teachers are teaching for far less than field mechanics are making. Possibly due to desire and possibly due to the old adage.
