Hey folks! I have recently had a very large incident with my bike. I have a 2012 XR1200X which I purchased a kit from Hammer Performance to have installed upon. After some gentle riding for a break in, I took the bike to be tuned and once placed under load on the dyno, there was a massive flame and bucking of the bike accompanied by a horrible sound. I was forced to leave the bike there for an autopsy. The tear down at the other dealership (also an authorized Harley dealership) revealed that a critical step, which was to remove and then secure the pinion nut using Red Loctite and higher torque specs to allow it to withstand the higher force of the new components, was omitted as the nut was found loose enough to be removed by hand with no trace of Loctite and had cause the woodruff key to be sheared causing literal disaster from crank right to the top end. I am the pround owner of a frame, wheels and gas tank. I am well documented with pics, a written description of the findings made by the Harley technician who did the tear down and a statement of evaluation from the kit's manufacturer. I have spoken to a lawyer who said that essentially with my thorough documentation I have them in a "death grip" (his words). I am wondering if anyone has experiences of the same nature and any advice for me in terms of what to expect for a process of receiving proper compensation.


I am ready to approach them with 2 solutions and open to other ideas.

-Have the service department install a completely new crate XR1200X engine, including a stock intake manifold and repair the bike back to the working order it was brought in under before the technicians began the installation of my Hammer kit and refund the costs of components from the kit purchased from Hammer Performance and the service fees for the improper installation.

-Dealer would assume ownership of the bike including the balance owing. The dealership would take possession of the bike to which they can refurbish and recoup their costs and accredit me the cost of the damaged kit, the cost of installation fees paid to the service department and also the interest portion of the payments I have made on the bike up to the point of the settlement (as it was the cost of borrowing as an investment to acquire sole ownership of the bike upon the completion of the agreed payment term). I would them commit to use the accredited amount towards a new bike which I would purchase from the dealership.
Thanks for any input you can provide folks.

 

You are paying a lawyer, why would you ask advice from non lawyers?

 

Lawyers will tell you anything to get their retainer. Death grip......lol

You have a great case and I am sure if you approach the dealer fairly like the first option, it will be handled

 

Actually I work out with the guy so I'm not paying him, he is just offering me some very basic consult. I'm just wondering if anyone has had similar experiences. I understand that each dealership is unique but I'm still just asking for input on what I may be in for. Regardless of the strength of my case, I still would rather not have it drag out.

 

If you want to end it quick, have your workout buddy send a letter. You go in personally and say the wrong thing and it WILL drag out

 

Yeah you're probably right. Thanks man.

 

I think you will have to take them to court and win the case before they settler for either of the two options you listed.

The dealership is not going to take ownership of your bike (including balance owed), and very likely not going to buy you a brand new crate engine either.

You can take them to court and hope to win a judgement against them, then you can take that money and do whatever you want with it.

 

The reason I would need a crate engine is because the crank is wasted, the pistons and cylinders are 1250 from Hammer and have had the lifters banging off of them once the cam timing went to hell, the cams are shot, numbers 2 and 3 are missing teeth and they are Red Shift cams on my cores with the casing dremeled out for clearance for the larger lobes, the damaged heads are ported and no longer suitable for stock arrangement as is my manifold. So essentially the entire engine is toast and can't be simply patched back together. I would need a new crate engine and it's much less labour for them to install anyway. The service tech conceded that he didn't remove the pinion nut as it wasn't necessary to install them components but in the installation instructions it has it's own specified section stating the necessity for reinforcement using Red Loctite and an much higher torque spec of 70 ft lbs to avoid this issue. With the pics I have and statements I'm am hoping they realize the unavoidable conclusion of the obvious responsibility of their failure to follow the installation instructions but still they may try to play hard ball assuming I don't have to will for a legal battle.

 

If I do have to take them to court I would sue to have them assume ownership of the bike and and simply get a refund of the stated amounts rather than purchase another bike from them due to lack of confidence in their dealership. Which to me is important when you are flying around on two wheels in the open air. Had I not rode so conservatively during the break in, I'd have had a serious crash due to the violent nature of the engine failure.

 

Run these proposals by the dealer- Owner or Manager, and see what they say or how they counter. If you don't like their counter, tell them they will hear from your lawyer. That may budge them. If not, then look into small claims court limits in your state and if that covers your damages, consider that avenue, it will be the least costly for you. If that's not an option, and you are at an impasse with the dealer, then perhaps consult with this lawyer friend of yours and see what it will cost you to get him engaged. And go from there. But do give the dealer a chance to make it right first.