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What more can I do?

Discussion in 'Bike Reviews, Questions and Suggestions' started by ajiribarren, Jul 5, 2011.

  1. Hello everyone, I'm seeking some advice here.

    I bought a brand new Kawasaki Motorcycle a Z750 from on the 27/06/2011 . During my short week of ownership I experienced a rattling/shaking feeling on the steering wheel that felt unsafe on bumpy, irregular or not completely smooth pavement. I contacted the workshop manager on Friday 01/07/2011 and informed him on the situation. He informed me to ride the motorcycle to the service department to have a look at the bike.

    Yesterday, Monday 04/07/2011 I undertook a trip to the shop to have my motorcycle checked. In that trip, on Parramatta Rd, near Ashfield, I was riding on the right lane ,I had to brake quite suddenly and the motorcycle steering started rattling and shaking in an uncotrolable manner as I decelerated, and I ended smashing myself into the road between an Ute and a SUV, but was able to avoid hitting any car. Bruised my knee and ribcage muscles, and limping I got myself up and finally took the bike to the dealership as planned. At the time of the accident the motorcycle had roughly traveled 120 kms.

    I spoke with the sales representative about what happened, and he called who I presume is the owner. After sitting in their shop, he acknowledges that they found that the head steering bearing was loose on my brand new bike, and asks me if I have insurance for my damages.

    I told him that I'm sure a mechanical fault was the culprit of me loosing control of the bike prior to smashing into the ground, and although I do have full comprehensive insurance, I feel that they should respond for an ill prepared vehicle in the first place. The owner refuses to acknowledge the gravity of the fault, and he insisted me that his experts acknoweledge the steering beeing loose, but in his opinion that couldn't have caused the accident. I told him that the mechanical issue initiated and unsafe condition in the motorcycle, with the result of me loosing control of the bike while breaking, with the aforementioned results.

    This is a brand new vehicle, and I feel it shouldn't have gone out of the dealership in that way. At this time, the motorcycle is in the dealership's shop, and I don't know if it has been touched by mechanics. Currently I already lodged a claim with the Department of Fair Trading of NSW, because I feel that the accident was initiated by a poor preparation of the motorcycle prior to beeing delivered.

    Is there something else I could be doing in the meantime?
  2. I'm no lawyer but I would be willing to bet that you are right. And I reckon the dealership is playing with a live grenade by messing you around!
    give them one more chance (careful what you say), then seek legal advice before discussing it any further with them. And get a medical check straight away.
    If they don't think proper preparation is important, how many other riders are out their on their dangerous products?
  3. Don't know how much you can do now. However, if I was concerned about the steering of my bike I would have trailered it to the shop and then charged the transport cost to the shop when they found the fault.

    Bit late for that now though...
  4. What kind of kawasaki?

    On the ninja 250R, the bolt that holds the entire front on comes loose occasionally. I had it happen to me and it apparently feels identical to a royally farked headstem bearing. My post is going to be based on this assumption, if you have a different bike, just ignore everything that follows :D

    It would cause some very uncomfortable movements in the front end, but it would not directly cause you to crash. I rode around with mine like that for a couple of days (with it progressively getting worse), had ridden in the hills, had a couple of e-brakes and was generally riding like i normally do... I didn't crash.

    Sorry mate, it sounds like your inexperience brought you down here... How long have you been riding?

    Yes, the motorcycle shouldn't have been given to you with a loose head stem, but it would not bring you down... Not like losing a wheel or having the brakes seize on would.

    IMO, if you do have a ninja and it was a loose bolt, I think you are wrong.
  5. +1...
  6. I would remove the details of the bikeshop etc if you plan to pursue it legally, at least until you speak to a lawyer.
  7. If you let the bike shop know that you intend to take it further and not just back down, they will eventually pay for the damages. You have to understand that they are not just going to pay up for every little issue that occurs, and if they think they can get out of it then they will, they arent going to make it easy otherwise everyone would be trying to get money out of them. Thats just how it is.

    I bought my bike from them and get it serviced there, Im also good friends with one of their employees.

    Sorry that you have had problems with them

    Goodluck to you!
  8. Why should they pay for damages caused by the rider's inexperience?

    It sounds like he should never have got the bike with the loose bolt, but it wouldn't have caused him to crash. Not if its what I believe it is.

    How many experienced riders out there believe a farked headstem could be an attributable cause of an accident? Thats the closest thing to the problem I think the OP had...

    This is all hearsay though until we find out what kind of bike it was :)
  9. Your front end would need to be nearly coming off and obviously and overtly loose to have this kind of result. IMO A loose headstem bearing shouldn't have resulted in a fall... but certainly wouldn't have helped a noob keep the bike upright in a stressful braking scenario. I think you have an argument on your hands - they obviously let an unroad ready bike onto the road. Would it be considered unroadworthy?? Good question to ask the RTA.

    20/20 Hindsight, you should have turned around as soon as you felt the vibration after taking delivery of the bike.
  10. Id perhaps remove the details of the bike shop, until they have had ample oppurtunity to respond, or you need to take further action....

    Any vibration, or the bike "not feeling right" straight on the trailer/ute and back to the shop. Just keep communicating, stay calm and reasonble, both parties should be able to come to a amicable agreement :D
  11. Yep remove all business details till it's resolved and wait till fair trading gets back to you
  12. What goz said [-(
  13. Hello guys. thanks for all your replies. As per your suggestion, I removed the name of the dealership from mi original post.

    The bike in question is a Kawasaki Z750.

    I've held my motorcycle license for almost 14 years now. Since arriving to Australia, I've bought three different motorcycles from this dealership, my last one was a Yamaha XJ6 that I traded in for the Z750. On my two previous bikes everything was great, and I didn't had any complaints whatsoever.

    I tried speaking to the dealership yesterday, but I found basically the doors closed on this matter. I've been all in favour of coming to a solution quite amicably. I was quite calm speaking to everybody there, but the lack of response given drives me to seek advice from the board.

    Thanks everyone for your replies.
  14. I might be commenting out of line, but if the accident wasnt a direct result of the vibration(although it wouldnt help) surely they could agree to rectifying the original problem...or is that "admitting" liability?
  15. might be lawyer time?
  16. I do agree with you on that point actually, but the OP didnt really state if he was a new rider, if it was a ninja 250 or even if it was a brand new bike.

    At the end of the day he has insurance, and the bike sounds like it isnt badly damaged.
  17. Another avenue to look at: is the dealer a member of a motor trades association? These bodies hold a fair bit of power and they hate shoddy practices. Could be worth threatening to lodge a complaint in that direction.
  18. That rules out inexperience...

    I recant all my previous posts, they were made upon a false assumption.

    @ajiribarren: i reckon you might have a case on your hands. Good luck with the dep of fair trading. keep us posted on how you go.

    ps. Don't threaten to do something. Just do it. I believe you have given them ample opportunity to fix the damage/make things right? If so, i'd go ahead and start lodging complaints with as many people as I could. Including Kawasaki Australia, MTAA (as mentioned) and Fair Trading.
  19. If you claim through insurance, the insurance company will undoubtedly sue the bike shop. This will be more expensive than giving you a new bike.

    You should point this out the shop. Insurance isn't some magic money tree.

    If they insist you go through your insurance, demand your dealer and delivery charges back. They can't have it both ways.

    And Rob, I'm not sure if you know Parramatta road or not, but it's basically like a fire trail with a thin coating of asphalt and/or concrete. I could see a loose steering head resonating into a full crash on that road.
  20. the only issue with claiming it thru insurance is paying the excess.. shouldn't have to IMO.