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[D-N-D]

Sounds like the Dealer is trying hard to make you happy, it will all work out and you will not have to look back and wish you did this or that Good Luck Brother !!!

[HarleyStud]

Update #2; when I was there yesterday I went back into their shop to get my CD out of the CD player and they have already started taking to bad parts off, which I haven't authorized as of yet?  Before I went there I also stopped at the county sheriff office for the report and after reading the report the mechanic told the sheriff that he didn't wish to see the "@ fault driver" not get a "failure to yield ticket" which both of these things kind of pi$$ed me off but haven't said or done anything yet.  I know the dealership is using their insurance and not mine but I feel it should be my choice if and where my bike gets fixed and although the mechanic that was riding bike, I should have some input on wether the "@ fault driver" receives a ticket. .......I haven't said or done anything about these two things as I'm waiting for the $$$ difference I will need to come up with for a new '14 or '15 C.V.O.....

[Jbbrown73]

It was in their care, and they have a boat load of insurance that will take care of you regardless if the "driver at fault" had insurance or not. It wouldn't be any different if their building got leveled by a tornado while it was there, it's the dealer's responsibility.

[ultrafxr]

It was in their care, and they have a boat load of insurance that will take care of you regardless if the "driver at fault" had insurance or not. It wouldn't be any different if their building got leveled by a tornado while it was there, it's the dealer's responsibility.

I'm not an attorney but unless the dealership was negligent I'm not so sure the damage is the dealer's legal responsibility.  Just because the vehicle is in one's care, custody and control may not be sufficient to establish liability.  Leaving the vehicle for service would be considered a bailment I think and that legal doctrine may come into plan.  In your example of tornado damage that would be considered an 'act of God' and probably not the dealer's fault.  JMHO of course and everything is fact dependent which is why lawyers make their living arguing about things like this.

In any case it appears the dealer is stepping up to make things right and that is what is important. 

[skratch]

I should have some input on wether the "@ fault driver" receives a ticket.

no, you shouldn't.  and technically, neither should the dealership.  that is at the discretion of the responding officers.  (imo, the driver who failed to yield should have gotten a ticket)

[mark]

Actually, the non-violator driver (that would be the Tech) nor you as the aggrieved owner have legal standing regarding the police charging the other driver.  That is a decision for the investigating agency.  The traffic violation is against the state, not you.  From a traffic victim's standpoint, it's always better if the police ticket the at-fault driver.  Also, never request the at-fault driver not be charged.  It gives that driver (and their insurance company) the defense of: "If at fault, why wasn't I charged?"

Should this incident wind up in court, I can assure you the Tech's statement will come back to haunt him in the form of a line of questioning like this: "Isn't it true you asked the police not to ticket the other driver because you knew he/she wasn't at fault?"  JM2C in dealing with these type issues for 30 yrs.

[FlaHeatWave]

Sounds like the Dealer is wanting to make you happy, using his insurance, knows of your mods. If you want "your" bike back, they can rebuild the bike exactly like you had it, including replacing frame / engine with original VIN, although it would probably cost them a good bit more money than giving you a '14 or '15, and you would be waiting several months on the CVO paint. I know it's your pride & joy, but it wasn't the Tech's / Dealer's fault, $hit happens, and IMHO, I'd be reasonable with the GM, lawyering up at this point will just put the GM on the defensive and will cost everybody more $ and goodwill. 

If it was me, I'd try hard to like a color of a '15 CVO...

Good Luck! Keep us Posted...

[greglyon]

If the claim is against the at fault motorist's carrier you are entitled to Fair Market Value which includes your extras plus in most cases sales tax.  Use your dealer's used bike buyer to write an affidavit of value to submit to the at fault driver's carrier as proof of value.  With money in hand make your best deal. 

Good luck

[michaelokielee@yahoo.com]

If it happened to me, I would buy a bike like mine on eBay a ask the dealer to put the same options I have on mine and go from there.

[r0de_runr]

It was in their care, and they have a boat load of insurance that will take care of you regardless if the "driver at fault" had insurance or not. It wouldn't be any different if their building got leveled by a tornado while it was there, it's the dealer's responsibility.

Anybody ever read that fine print on the work order they ALWAYS make you sign when you drop your bike off at any place that does work?  Even if the place burns down because of a drunk employee playing with gas and fireworks, you "release" the dealer from liability to any damages.

[2 ROSE]

If it happened to me, I would buy a bike like mine on eBay a ask the dealer to put the same options I have on mine and go from there.

Not me...I did not have someone elses problem/bike when I dropped off my bike to start my day and i'll damn if I am going to accept/settle for someone elses problem/bike at the end of my day. Nor do I want my Harley having a B title...second owner designation. New Harley, new canvas, new beginning. Get the new harley you want with the add ons you want...you may never have an opportunity like this again. I am thinking everything at cost with maybe 0% interest financing if necessary would be nice...but thats just me...what I would do.

[skratch]

it wouldn't matter to me what my insurance is gonna pay or not as i would be pressing the dealer to make me happy..... whatever it took.

[HarleyStud]

Update;  discussed more with the dealership today about trade in value of my crashed C.V.O. & what they can resell it for,I told them that wasn't my problem as the only part of this equation is I own the crashed bike that was in their care. I've decided to get my insurance involved for an outside opinion & estimate.  I may either fix the bike myself or walk away without the bike & $ in my pocket from the equity left over after the loan is paid off.  Gona see what my insurance says then decide. .......

[CVOStreetglide]

Update;  discussed more with the dealership today about trade in value of my crashed C.V.O. & what they can resell it for,I told them that wasn't my problem as the only part of this equation is I own the crashed bike that was in their care. I've decided to get my insurance involved for an outside opinion & estimate.  I may either fix the bike myself or walk away without the bike & $ in my pocket from the equity left over after the loan is paid off.  Gona see what my insurance says then decide. .......

WHY isn't the dealership insurance paying off instead of yours?? It was their mechanic that wrecked your bike. 

Also, how can you "fix" a bike that was totalled?? Won't you end up with a salvage title??

I would recommend rhat you negotiate with them to give you retail for your bike--payoff the loan and give you some cash and then get you on a new CVO at MSRP AND without all of the additional up charges.

In the totality of both deals they would be at breakeven at the worst.

Jerry

[mark]

Try to make the best from a bad situation:  take the insurance money and then work the dealer for the best deal possible.  Hopefully he'll have a little guilt and offer you a great deal.  Just me, but I wouldn't be interested in trying to repair and keep a heavily damaged bike, totaled or not.