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In a pickle

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by blackgloves, Jan 23, 2008.

  1. hey guys,

    First sorry if this is the wrong forum but had no idea where the hell to put it.

    In early october last year i had my first off around a bend and the resulting damage was mainly all the farings on one side, screen and gear lever plus a few extras but mainly cosmetic. My collarbone finally started feeling better and i got up enough cash to consider repairing it so i took it in last week for a smash quote and found out even though it is basically just replacing the fairings it would cost $5500 to repair as they are the most expensive. Seeing the bike cost $6800 when i bought it i thought id have to think about what i was going to do (by the way i should mention im not insured, stupid i know) and i fixed them up for the quote and told them to deliver it back.

    This is where my problem begins... they were meant to deliver it back yesterday, and when i got back from my lunch break i had a message to ring them back because they couldnt deliver it that day so i tried to call all arvo but no answer.

    Then i got a call when i first got into work this morning and they told me a grip came loose and the reason they didnt deliver it was because 5 minutes away from my place it fell off the back of the truck! They were ringing to tell me that if they were delivering the bike back after a service or if i was insured they would obviously take it back and do a smash quote and repair it, but because of my situation where they were'nt sure if i was going to get it fixed or sell it for parts they're not sure what to do.

    When i had the off i only damaged the one side of the bike and the front fairings screen, but when it fell of the truck they said the exhaust and the back panel were damaged and these were on the other side.

    Im going to get a morning off soon to go out and suss out the damage and decide what to do, i just thought id get your guys opinions first on what you would do in this situation as i have no idea and obviously i want to get as much as possible for the bike.


    (sorry for the long post)
  2. Tell 'em to hit their insurance up for the whole lot now and it never needs to see the inside of a court room........................
  3. If they are a reputable dealer they should have their own insurance to cover such events, if not it may become a civil matter for you to persue.

    Did you sign any paperwork for the bike to be transported? If so, read it & see what is or isnt covered etc.
  4. yeah that actually crossed my mind, one of the reasons i said to hold onto it so i didnt make any hasty decisions and shoot myself in the foot.

    I suppose you could say the dealer is "reputable" as it is the offical dealer for my brand of bike on the Gold Coast.

    I didnt sign anything either, rang them up on the phone and they said theyd come pick it up and drop it off but never signed a thing just received a receipt when i went in to pay.

    one thing i was also considering doing was to try and fix her up myself so i at least want to get it covered seeing it would just end up causing me more trouble and money anyways
  5. WTF!!??!?

    A whole new bike would be had for less.

    Please tell me you got more than 1 quote......
  6. If the bike was in there care and they rooted it... Then they have to repair any damage they did. Now the problem here is if it fell off a moving trailer, how much unseen damage has been done?
  7. Nah, I think perhaps he paid them for the quote (not sure why), not for the repairs. The repairs are still to come.

    I'd be negotiating with them. Obviously their negligence in having the bike fall off the truck doesn't reflect well on them, so I reckon they should be willing to do you a stellar deal on repairing the entire bike - maybe 2 grand or so for the lot. You'd still have to decide whether that's worthwhile, but you're in a decent bargaining position.

    I think you do have a good strong case in law, but bring lawyers in and the money and time will start to vanish fast... so an amicable negotiated settlement is your best bet, IMO.
  8. well i wouldve got more than one quote if i hadve gotten it back, i thought i was doing the right thing going to the official dealer first before going around to other places :roll:

    thats exactly my worry seeing when i had the off it slid down so it was only cosmetic, now **** knows what else.
  9. which means...
    They may you a whole new bike. (I beleive that was 6.8K you said was the purchase price)
  10. Yeah it was just for the quote, seeing i wasnt insured they said it was standard, but no repairs yet.

    What you've stated have been my rough thoughts so far, i'm thinking that they could at least do it cheap seeing if it got out they could lose business (i have already told a mate with the same model bike and he's sworn off ever going there for business). so i suppose it could be a blessing in disguise.

    I dont think ill get lawyers in due to the obvious costs you stated, although i do have a mate that has beeing seeing a lawyer for a fair few years so if i could get a good rate it could be a possibility
  11. Yeah after a whole day of negotiating i got it reduced from 7500 plus on road costs down to 6800 including on road costs.

    it was in pretty good nick on my first service the mechanic who had been doin hondas for 15 years said it was one of the best cbr250rr's he's ridden and it had only done 16000ks so it was in great nick before the off.
  12. 1) The bike was in their care, you even PAID for a quality transport service: so they are liable for the damage caused to your motorcycle by their negligence in securing the load.

    2) [and you are sooo lucky on this] You have a quote from the very same dealer detailing the damage to it that they quoted to repair: so there can be no argument about what was damaged before and after they lost the bike off the truck.

    3) The dealer is waiting to see which way you go:
    -if you elect to come back to them to pay $5k for repairs, they'll probably be happy to repair the damage they did, as they can profit from the work.
    -if you won't proceed with the repair through them, then they may try to cover their arse a bit or get out of repairing what they broke...
    -if you don't want to repair it at all, and just sell it for parts: they may look to help you out -ie. buy the wreck off you, and perhaps give you a bit extra for it considering the damage they did.

    You need to decide what you want to do with the bike, then tell the dealer - then ask what they propose to do to make it right.
  13. geez there have been some great responses already! cheers guys all your imput is much appreciated
    I always thought $5k was a bit steep but now it could be an option i suppose, but in response to selling for parts i talked to him breifly about that when he rang and they wont buy it off me but reccommended a place to take it.

    anyways im going to spend at least 4 days untill i have time off to go in so ill try and determine the best avenue possible
  14. If the worst comes to the worst, and you can't get it fixed or whatever, how about turning it into a track day special?
  15. Ask them to make an offer of how to make it right.
  16. Do you have photo's of after you binned it, but before they binned it?
  17. ^^^ Feel for you man, my 2 cents, go see a lawyer.

    compensation could go begging here man,

    youre pain and suffering is worth money. and if it isnt, saying you spoke to a lawyer will make them take you much more seriously.(if possible)
  18. yeah i was at work bwhen they came to pick it up and i realised i never had any photos of it since the off... so i got my girlfriend to go down and take some in the carpark before they came but they're pretty dodge quality cos the flash wasnt working. can still see the main damage though
  19. it actually just occured to me half an hour ago that i work in the same building as a law firm, so im gonna go up and have a chat to them after my lunch break... couldnt hurt even if just for the advice or a letter to the dealer
  20. Sorry to hear about it all mate. I cant imagine how i would feel if some bastards dropped my bike and didnt offer me a new one. Good luck getting everything sorted