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Well lets see if i have this right didn't he say the tech ran a red light? If so I would have to say that the dealer owes him a new bike with all his upgrades and anything else he wants. I would think that even signin a wavier would be null and void if the tech ran a red light. Would you not hink that while riding someone else's bike that all the laws should be followed? And if you do cause the wreck by breaking a traffic law then ALL cost should be on you (THE DEALER). If the tech ran the light I say settle for nothing less than new and all ad ons. even ones you didn't have yet.
I think they call that an "act of God", the dealer had NO control
Now in this case it was NOT an act and I think the dealer, not him, has to handle this
Now, What's next ?. Do I have to go to an Muslim-owned Insurance Company or HD Store where they don't use that line, "Act of God" in order to have my bike either repaired or replaced.
Please don't get me wrong...I'm not an racist of any kind. Just get the picture that America's trying to get rid of the word "God" these days.
Best of luck to you, DYNA Gramps as I'm sure things have a way of working out one way or the other.
You definitely need to contact your insurance company. If it comes down to a legal pissing match between your company and the shop's, your insurance co is going to have a lot more weight to throw around to avoid having to pay than you have. You should not have to pay a dime in this situation.
Dealers have insurance for this kind of situation. If it's a writeoff then it sounds like you've got a new '09 coming and you just have to make sure you're getting fair value for what you had into the '07.
My insurance company mentioned an "act of god". I told my agent and she went off the deep end and called the insurance co. to straighten them out about that B.S statement.
I'll bet you don't have State Farm Insurance then.
If your agent was working on your behalf.
All my State Farm agent has done in the past 8 years is hand me an 800 number to call.
You got a good agent there, I wish he was my agent.
I sorry to here about this situation but I glad to hear that no body was hurt. As far as getting your insurance company involved. I would contact your agent or company. The police asked for your info because you are the owner of the bike. In most states insurance follows the vehicle not the person. From an accident perspective the tech would be liable, but since you are the owner of the bike, this brings you into the liablity ring. Most likely the vehicle/owner that was struck by your bike has called their company and they are in turn going to tell their customer to call your company. The dealer's garage keepers policy and or general liability policy should kick in as primary coverage but your insurance company should be made aware of the situation. Depending upon your state neglience laws, your company could handle liability as primary and subrogate to the dealer.
As far as your bike, I would make sure you get a fair shake of the deal. I would definitely push for replacement especially if frame damage is involved. Most policies work off of actual cash value or market value, but due to the nature of our bikes, it is tough to get a realistic value (base line value plus aftermarkets). I would bet that the dealer most likely will step up and take care of you on this end without any conflict. My suggestion would be to check out the bike and make a determination of what you want done. Either repair or replace with another bike. Once you have decided, don't settle for anything less. Remember even though it's your bike and you are getting rapped up into someone elses wrong doing doesn't mean you should get the raw end of the deal.
Id also let insurance company know whats going on-im sure your payin them enough.Id ask for a loaner untill everything is settled.Make them make you happy.Dont know what your lookin for but they should be able to come up witha good offer as they dont pay retail!
I did get in touch with my ins. and have a claim # I had about $25000 in the bike. Tucson H.D. put in the 103 kit and know my bike. We have been on first name basis with most of the employes at the shop, including the rider (andy). This was the 2nd. new bike I have got there in the last 3 years. I will be able to see it in 1 hour. I will be in touch and will try to have pics. Thanks for all help, You guys have helped me more than you Know!!! Mike
I found out the hard way that the bike is insured and not the rider.
While I realize that the dealer intends to make it right, it would be wise to contact your insurance company because the driver of the other car could come after both of you. You pay them to represent your interests when something like this happens.
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