Dealer CRASHED MY BIKE!

[upthemaiden]

It's one thing to test ride a bike and have something happen, but "breaking in" your tires isn't the same thing as test riding a bike, so it sounds like 1) he definitely had some intentions of pushing it if he thought he was going to break in your tires on one short ride, and 2) it was definitely his fault as he had perfect knowledge that your bike had new tires that needed broken in, and he still pushed it far enough on someone elses bike to crash it, clearly with a bit of speed behind it too. I think if the only thing he did was mount some race tires, a simple "be gentle, these are new tires and need broken in" should've been all they needed for their liabilities sake.

 

[icepop77]

Sounds like a H-D tech who has ridden Softails his entire life who wanted to tear it up on "one of them there Buell thingies" and lost it. Just a guess on my part.

Regardless, there's some good advice in this thread. Get some legal advice at a minimum, don't fly solo on it. If the dealer, however, is willing to rebuild the bike (new frame, new header, etc) to make it whole; or even if they get you a new one (haha, not likely) then it's possible that the matter could be settled easily.

 

[Thorivola]

I understand some of you hate the HDMC with a passion, but in no way did they do anything in this situation and it is not the stance of the company that unable mechanics test ride motorcycles

if there is damage the the engine casings, the motorcycle will be totaled

it costs thousands of dollars in labor to split and replace any piece of the engine casings, and with frame damage it's definitely gone

if you really hate the idea of calling a layer, just ask the local police station to come with and have an officer present when you talk to them and come up with a deal

just find an officer that sympathizes with your situation and would be willing to testify on your behalf and the blue uniform should help snap things in line

if you are still having issues with the dealer after that let me know

 

[Alfatango1]

I don't know the laws in every state but the law of "Bailment" applies in most. If you leave an item with a business such as a mechanics shop or valet parking garage and such they must return it in the same condition as you left it in. They cannot say, even in a contract that your insurance is liable for any damages THEY cause. It's called an exculpatory clause, they try to get out of paying due to their own negligence. It's illegal as far as I know of most everywhere.

 

[marko138]

Man, what a terrible situation. Best of luck, brother.

 

[keisersozae]

I would have my own estimates done, at least 2. I would bet that it's totaled and not worth fixing, don't trust your dealer to tell you that, I'm sure they will just try to repair it. If it happened to me I wouldn't accept that bike back no matter what they told me, it won't ever be the same.

If the dealership didn't offer me a settlement that I was happy with immediatly I would get a lawyer quicker than they could say chrome and sue them for the bike, the headache, and to cover lawyer costs. Good luck to you man, hope it comes out ok.

 

[hula Buell]

That sucks big time.Let the dealer deal with it and buy it from you.

 

[lyf0rd]

I'll sell you one with 7500 miles and new tires already on. Or you can make the dealer buy it for you. But that is bull the shop is at fault

http://burlington.craigslist.org/mcy/1730806460.html

 

[qksltwo]

Got $6,000 from my insurence company. My Insurence is not taking the dealer to court

 

[icepop77]

Well, at least you got your money. I know it sucks to not have your bike in perfect condition as it should be, but at least you can go Buell shopping with it.

 

[onelogue]

Got $6,000 from my insurence company. My Insurence is not taking the dealer to court

Will it affect your rates?

 

[kokomochandler]

oh yeah

 

[upthemaiden]

Go get a new one before they run out. Sucks about your new insurance rates though. They might not be too bad. I hit a deer once and totaled a bike and they called it "an act of god" and they didn't hold it against me, so if your agent is alright he might know it's not your fault and let you off easier. You'll still pay more for a newer bike than a 2003 regardless. That really sucks that the dealership got off with nothing worse than a slight headache. i'd be telling every single person I run into in that city who the dealership was that totaled my bike and made my insurance deal with it.

 

[Ebeo1]

That really sucks that the dealership got off with nothing worse than a slight headache. i'd be telling every single person I run into in that city who the dealership was that totaled my bike and made my insurance deal with it.

I don't think insurance companies are going to eat $6k either they are dealing with dealership or working with the dealerships insurance.

 

[Alfatango1]

I don't think insurance companies are going to eat $6k either they are dealing with dealership or working with the dealerships insurance.

Sometimes you'd be surprised what insurance companies will and won't do. Having been an agent in a past life, I've seen underwriters and adjusters pay on things like this and not even contact the dealership. The actuaries and legal department get together and see how much it will cost to go after the dealer as opposed to just paying the claim themselves. There is a cost ratio formula and once the threshold is reached they just pay. Then sometimes, you get a higher premium and sometimes you don't even when it's totally someone else' fault. Weird stuff for sure.

 

[upthemaiden]

yeah, I wouldn't be too surprised either way. This one time when I was in college and my girlfriend came down for the night, she had her car parked in the driveway, my roomates brother and one of his friends got in a fight and knocked the mirror right off of her car, then he left. We gave the cops and insurance company his name, address, and everything, thinking they'd make him pay them back for it. All they did was jack her rates up. That happened years ago and it's still on her record when I call to get insurance quotes. That's why I'm fine with just liability on most things. Even if it's someone elses fault, you're still gonna end up paying for it in the long run. We've probably paid the insurance company more for that stupid mirror than it cost them to replace it.

 

[qksltwo]

no my rates are not going to go up, they are talking about going after the mechanic.

 

[Alfatango1]

they are talking about going after the mechanic.

As long as he was on the clock he's covered by the dealerships liability insurance.

 

[Paniller]

So, I'm guessing your bike is in the graveyard. Any candidates for a new one? Buy my 08 SS and I'll get an 1125CR instead. Just what this rookie needs, a faster bike!

 

[xtremelow]

Why did they give you $6k???? Dis you have it insured for that much or is that just what they felt it was worth...... Since we all know you can buy an '03 for under $4k all day..