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My brake kinda fell off.......[vic]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Griff, Oct 11, 2010.

  1. Sorry if this is in wrong section. Involving a couple questions like insurance and technical.

    I'm somewhat new to motorcycles. Learnt a lot over the last couple months but still many gaps. Not ranting or angry, just giving details for hopes of some decent advice :) I would like to point out I am a very responsible rider. Do not break speed laws, make illegal turns etc.... My bike was a means to a new job I start in two weeks.

    Anyway.... I bought my motorcycle (1992 Virago) 2 weeks ago today. It was delivered last Thursday so i've had it 5 days.

    Today I went to visit a buddy after work around 2pm. Half an hour later I left and something didn't feel right with the bike.... Something felt exceedingly wrong when I was pulling the front break with no pressure or braking present at all. It seems to bolts have come out and the caliper (?) came off the front disk.

    Luckily me quick thinkin, there's a change, didn't panic and slowed with the back break and thanking my lucky stars I was doing around 25 and not 60.

    Called the garage that sold me the bike, they gave me a call an hour later telling me the size of the bolts. Better than nothing I thought so we went and got the bolts but it's kinda impossible to put the thing back on the disk with no knowledge.... or the advice of buy these bolts and use a flathead screwdriver to put it back on.... Bit hard when the Piston (?) is locked. (Be so glad when I fully learn all this terminology)

    Anyway, called my insurance agency (AAMI. Was planning on Insure MyRide but I couldn't find their number. GO figure) and the end of the conversation was simply, i'll get charge $500 for towing and repairs and $250 for being an inexperienced rider... because come on, let's face it, it's my inexperienced riding that made my brake fall off. Obviously.

    I done checks before I left this morning, working fine to work and to friends place and the brake worked once when I left my buds place (I'm guessing bolts came off and the caliper was still attached to disk but came off when turning the corner)

    I've read bits and pieces about this around here. Shouldn't the garage that sold me the bike have some sort of warranty? I 'think' I heard they are not obliged to give warranty but they have to display a Not under Statutory Warranty" certificate or something which wasn't on the bike.

    Also, are there any recommended Insurance agencies for motorcycles?

    My current plan is a friend of friend which can fix bikes may be able to help, otherwise call the garage and see if they can help me. Failing that.... get a mobile mechanic to fix the bike and see if I can stiff the bill on the garage if they stiff me when I call them. I have no problem with the guys but selling me a bike that falls apart within a week seems like they may be lazy on their RWCs.

    Don't get me wrong..... simply put, shit happens. I know it'll happen and I have to fork over cash to fix it.... but I've had the bike for 5 days....

    I was also going to have a surprise visit for you Williamstown coffee group today. :(


     
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  2. Re: My brake kinda fell off.......

    Don't make a claim on insurance.
    Take it back where you bought it. Ask them to fix it for free, considering they resold it to you. 2nd hand or not - the vehicle was not roadworthy.
     
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  4. Re: My brake kinda fell off.......

    I think in NSW dealers have to give 6 months warranty on used vehicles. There's quite a few problems here. Firstly I think. Secondly I'm not sure if it's national. Thirdly I don't know whether this guy was a dealer. Fourthly the nature of the warranty contract can make is all but useless.

    Still, Bonk is right. Even without a formal warranty they should at least feel guilty enough to fix the bike for you.

    It's not a hard fix. Loosen the brake reservoir cap. Push the caliper and piston back (may need to use a screw driver). Put claep on. Use some weak locktite on the bolts and so them up firmly. Pump brake lever. Do reservoir back up. Clean any spilled fluid up.
     
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  5. Re: My brake kinda fell off.......

    Wow that's brilliant service. :-s
     
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  6. Re: My brake kinda fell off.......

    Its called fit for use. Anything sold by a business must be fit for the purpose intended. If its registered and has a road worthy certificate you can argue that you should be able to ride it to work for a couple of weeks at least, without bits falling off.. Especially the brakes.
    Ring consumer affairs and get their view on it.
    At the very least the garage? should check it over for you at no charge..
    Are they a licenced dealer?
     
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  7. Re: My brake kinda fell off.......

    When you say garage, I hope you mean dealer....There will be a minimum 3 month warranty on second hand bikes. I'd be ropable if that happened to me. I would demand they pay for all expenses incurred, watch them do the repairs and a safety check at a minimum. Take a mate who knows more about bikes for support.
     
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  8. Re: My brake kinda fell off.......

    Well that sucks. Thank goodness the outcome was as benign as it was. I agree with the others in that it should be repaired under warranty (hell, even as a goodwill exercise!). Let them know how bad it *could* have been, and they should be glad a couple of bolts is all they have to replace.

    As far as the argument about the bike being unroadworthy goes, I think you're wasting your time. They will argue it was right when it left them. The fact you rode it around supports that. End of story.

    Press them on it. If they've got any integrity they will fix it for you. If they don't, I'd be interested in avoiding them in the future ;-)

    cheers
    ian
     
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  9. Re: My brake kinda fell off.......

    There isnt a specific warranty on used Bkes in Vic.
     
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  10. +1 no statutory warranty in Vic.
     
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  11. So what's the name of this garage?
     
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  12. It wouldn't happen to be an importer located in North Melbourne by any chance?
     
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  13. Re: My brake kinda fell off.......

    Actually it's not. Fit for purpose and mechantable quality laws come into play. These apply to new products but I'm sure throwing around terms like this wont hurt if they don't jump straight into it.
     
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  14. Sumoto hasn't struck again has it?
     
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  15. Thanks for all the help guys (and gals if that's the case).

    My friend came over and managed to fix her up. Runing smooth now. Made feel like a bit of a dunce. Getting there though....

    I'd rather not mention the garage for slander purposes but it was out Fairfield way and yeah, it was a dealer/garage type deal. I may take her back to th dealer and see if they can do a service on it incase anything else is wrong. Although my friend had a quick lookover and it seems fine.

    Now to turf AAMI off at the end of the month.

    Thanks again! Loving this community!
     
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  16. I don't think AAMI did anything wrong. It wasn't an accident. It was a mechanical fault.
     
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  17. As ibast said it's nothing to do with AAMI... the people you should be going off your rocker at are the workshop given it was your life that was at serious risk. Where it would have been complicated is if you HAD crashed and AAMI found the brake to be the cause and denied insurance based on you riding an unroadworthy bike.
     
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  18. I wouldnt get your bike serviced where you bought it unless they do it for free..
    They should have checked it over before they let anyone test ride it, let alone buy it.
     
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  19. Did you buy the bike with RWC ??

    Wouldn't the " tester " have to check the brakes ..
    ie : thickness of the pads in the caliper and the thickness of the rotor ??

    Thus meaning , maybe , just maybe , the bolts weren't tightened properly after said test was done .. :-s
    Brakes are a RWC item , RWC is valid for 30 days after it's issue , anything deamed to be found unroadworthy in that 30 days .. ie: you got another RWC test and it failed .. the original tester is liable to fix said faults .. withstanding basic wear and tear, eg : you do burnouts and destroy your tyres , that wouldn't come into it .

    I had a 98 virago , and never once had a problem with the front brakes .
     
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  20. 'If it's free'... is that good value, if the brakes fall off?
     
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