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Geez, how about give the dealer a chance to make it right before calling a lawyer? If the owner of that business is as intelligent as I think he (or she) probably is then they will make it right. A brand new bike? I don't see why, it wasn't a brand new bike that they damaged. Now, if a suitable replacement can't be obtained then a new bike with upgrades would be in order.
I run a successful auto repair shop and I know very well that, unfortunately, sh*t happens, that is when you find out what kind of business you are dealing with.
Be very clear and reasonable about what you expect and I doubt you'll have much trouble. Good luck.
The only thing its going to cost the dealer is their deductible on their garagemans coverage. They have insurance to cover just this. Its funny how people are already talking about suing, guy has not even seen his bike yet. Its VERY unlikely the dealer is going to cover the damages directly from their own till. They will most likely run a claim through their ins. co, and end up with a new bike sale at a smoking deal.
If he doesnt like the offer that is presented by the dealership, he can always file a claim under his COLLISION coverage, and his company will go after HD's Garageman policy.
He will probably come out ahead working with HD, since its winter, bike prices are down, and the insurance companies go off local market value.
They did give my friend a new bike.09 Ultra Classic.He has been going there for a very long time.He was not expecting one they just did it.
I am sure that your dealer will make it right with you just give the man time and I am sure he will come up with the best possible solution for you and him. Have some paitence and everthing will work out fine.If you have bought two bikes and already have
a good relationship with them as you stated you will be okay.
And by all means try to keep lawyers out of it.The might get you what you want but it will take alot longer than just working it out with them.
I hate to say this again. But if I drop my bike off at the dealer I do expect they may test ride it. But I also expect that the tech would follow all the laws and not run a red light. In this case since the tech did run a red light and it was not just an accident but stupity on the techs part. I would say the dealer should replace the bike with a new bike since the bike he sent them was not wrecked and had not been wrecked as far as I know. So I wouldn't want a bike back that has been fixed. I say a new bike with all the same upgrades you had plus anything else you want. I say this because IT WAS STUPIDY ON THE TECHS part that caused this to happen.
Mike a much similar situation happened to me over a couple years ago with my '05 Dodge 2500 CTD Quad Cab, long bed pickup.
Only had 3720 miles on the truck purchased from same dealership brand new a couple months earlier. The thing being a little bit more expensive then a bike but none the less it was still totalled when the lift it was on malfunctioned. Doing its very first oil change (free one no less) at that dealer.
The gen mgr had stated they would take care of me. They did. Its called a collateral exchange. They come up with the year make an model with equivelant miles that you approve of and just change the VIN on all the financing and they swap the tags and title registration over too.
Its not a bad thing. Just don't pull any crap with them up front. Stand your ground and an expect them to come though and if they don't then take it to your insurance company and tell them its totalled and you want to file the claim with them. They will subligate the damage out to the dealership and then all the nasty business is all on the insurenace company too. Except all the extras that you had into the bike you have to show proof of purchase and all that as usual if you totalled it.
Good luck and be a bit patient. I hope all works out for you soon.
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