Here's something that doesn't happen every day. Already not happy about missing 2 months of ride time over the last 5 months for warranty repairs (primary leaks), I get a call that the latest leak has been fixed, but on the test ride the bike was rear-ended. I went to get the bike and it actually wasn't as bad as I expected, just some minor paint damage to the tour pak and some scuffs on the tips of my 1-month-old pipes.

While I was relieved that the damage was minimal, I'm not pleased with the way things are being handled. I was given a police report # and sent on my way. Now that I have my (damaged) bike back home, the whole problem created while the dealer had it is now my problem to deal with. On top of that, I've got an accident history on the bike now and I was 50 miles away when it happened. What would you do next? I've come up w/ 3 options:

1 - Go to the police station and get a copy of the report, contact the woman who hit the bike and try to resolve it outside the insurance
2 - Give the info to the insurance company and let them fix it (hope they do it right and now I've got a record on the bike for an insurance claim)
3 - With receipts for 42 days in the shop, I'm over the 30-day limit for Ohio's lemon law, although I'd rather have my 06 than an 07 w/ so many new changes in their first year of production

Anybody ever have this happen before and if so, how was it handled? With all the trouble I've had with the bike on warranty items, I feel the way this has been handled is crap. No effort whatsoever has been made on the part of the dealer to make things right.

 

If I understood you correctly that the dealer was in possession when it was rear-ended during a test ride, it seems as though it should be the dealer responsibility.

I would call your insurance company with the question of responsibility.

 

I agree.

The bike was in the "care, custody, and control" of the dealer at the time of the accident (bailment theory). Your ins co doesn't have to be involved - the dealer's ins co should handle it.

Sammi

 

That's correct, the dealer had possession of the bike making warranty repairs when it happened. I also thought it would be on them, but I called my insurance company and they said that the dealer may not even have the type of insurance to cover that situation??? That really made no sense to me, but I guess I'm getting an education. As minimal as the damage was, I would have expected the dealer to just take care of it while it was in the shop. Instead, I've now got an accident record on the bike and if I ever decide to sell it in the future, who's gonna believe me that it "wasn't that bad"??? I think the accident history bothers me a lot more than the actual damage. I can run it through insurance, but my agent said if the woman who hit it doesn't have insurance, then it falls under my collision coverage!!! They also said they could go after the dealer next IF they carry the right insurance, which they aren't obligated to carry.

 

Doomie you ain't having a good summer. The shop is resonsible, accordung to Judge Judy train of thought. Who did you talk to at the dealership? Is it possible the service manager did not want the owner to know about the accident ? Me thinks you should let them know in no uncertain terms that they will replace all damaged parts, immediately. Also, post the name of these people, so we know who to stay away from. Your insurance will try to recoup the loss by raising your premiums if you file this through them. Good luck.

 

that's crazy-----------I think I would have left the bike there while I called my insurance company. who knows though...keep us posted.

 

So... here is another problem... Since you took posession of the bike after the damage was caused they are going to give you grief.

And my thought would be that the dealership needs to pay for it out of their very large pockets if they do not have the correct insurance. That is NOT your fault. And who was at fault in the accident? The guy test riding your bike or the woman?

It seems to me anyone BUT you should be having to pay for this insurance or not.

 

I agree with everyone here... just wanted to make sure I wasn't crazy!

It was the woman's fault. The service guy was just sitting at a light and based on the damage, I'm guessing the car must have just rolled into the back of the bike. That's why I hate to run it through insurance because it didn't amount to anything major, maybe $400 in damage tops.

I've only talked with the service department and haven't escalated it yet. I'm trying to get all my options together right now. I intended on leaving the bike there until I actually saw the damage. I've been wanting to ride all month and decided I'd just take it home and try to enjoy the weekend! It ran perfect and no more leaks, but now I've got this new issue to resolve. I like this dealer's service department a lot too, so I'm a bummed out about this whole situation.

 

I would have left my bike at the dealership and told them it needs to look like it did when I dropped it off.

 

As stated, it sure seems like that should be the dealer's responsibility. Interested in your comment about the Ohio lemon law. The Colorado lemon law only applies to 4 wheel vehicles and also excludes motor homes, etc. I know because a friend got a high end BMW ($20k+) in May and the service people still haven't been able to solve an intermittent starting problem (in the shop more than out since he got it). The factory Rep. and service manager basically told him to pound sand. Now that he has threatened legal action and publicity, may get a refund. The good news is that he has seen the error of his ways and will probably be on a Harley at the end of the day.