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[sefatboyscott]

Some damage

[sefatboyscott]

Another view

[sefatboyscott]

The frame

[sefatboyscott]

one unhappy guy!

[hd-dude]

Another view

Punctured the frame and did not break the wire tie? That's one strong wire tie [smiley=huepfenlol2.gif]

Seriously how big is the puncture in the frame?

[reo]

Punctured the frame and did not break the wire tie? That's one strong wire tie [smiley=huepfenlol2.gif]

I was thinking the same thing. They should have made the spoiler from the same material as they use to make the ties.

[sefatboyscott]

The puncture is miniscule. I agree about the wire tie, somehowe it avoided getting scraped, but the frame is scraped fore and aft...wierd.

[sefatboyscott]

I just got off the phone with the adjuster from the city. She claims that if there was no prior recorded complaint or incident involving this problem in the street then they are not liable. What a bunch of crap. She is supposedly investigating to see if there was any prior record. I made it a point to tell her that I will get my attorney involved if necc due to the fact there does not need to be a prior report, all you have to do is look at the thing and see there could be a problem. What a bunch of crap. Will keep you posted on what I learn.

[Twolanerider]

I just got off the phone with the adjuster from the city. She claims that if there was no prior recorded complaint or incident involving this problem in the street then they are not liable.

That is a load of crap.  If it meets their defined standard for accepted liablity then it meets it; period.  Having no record of a prior complaint could only mean that you were the first one to experience the hazard and that someone then had the good snese to mark it so there wouldn't be a second incident.  But a prior record of the hazard in way means the hazard didn't exist.  If they are telling you this kind of crap on the phone (especially after they'd already told you they were going to take care of it) then you need to document everything from here on out.  Hook up a recorder to the phone and TELL THEM the conversation will be recorded when you speak again.

[sefatboyscott]

Beep beep beep. This just in.............called the City adjuster today............Claim denied..........reason will be sent to me certified mail cannot discuss. I told her that is fine I will discuss it with the local newspaper.BTW isn't your position an elected one? and hung up.

[Twolanerider]

Beep beep beep. This just in.............called the City adjuster today............Claim denied..........reason will be sent to me certified mail cannot discuss. I told her that is fine I will discuss it with the local newspaper.BTW isn't your position an elected one? and hung up.

Scott, who were you speaking with from the city when they'd told you this:

Just wanted to post an update. I had emailed the city and told them the story about what happened to my bike. Within 24 hours they went to the dealership and patched the problem spot in the parking lot, they also looked at my bike and told the dealer that they will be paying for my bike to be fixed as soon as I file the claim.

And what, if anything, changed in between?  Really unfortunate you're having to contend with all this.  The dealership isn't ponying up to the responsibility bar either.  Sure would hate to let them be the guys that get to put someone's coin in their pocket for fixing it.

[sefatboyscott]

TwoLane I was talking to the City Claims Adjuster. Also the guy who made the comment to my local wrench was just the poor schlep that had to go put asphalt around the problem area.which I found out today when I went to the dealer to try and get a name or something. It was the tech at the service dept who had told me this prior to my claim being denied by the adjuster. The fat lady has not sung on this one believe me. The city will be paying for much more. C'mon think about it like this:

Say I have some ice on my walkway going to my front porch and someone slips and gets hurt......how could I use the defense that I didn't know there was ice therefore I am not liable! What court on what planet would consider that as a legitimate defense?

As far as the dealer not taking any responsibility.......well I can't say that I blame them. The fact is they pay the city for water and the city owns the water meter cover that I hit and the city did not pave around it properly and/or did not install it correctly.that is no fault of the dealer.another truth is that you would have to hit the thing just right to do what I did and the odds are fairly low that I could reproduce the same result even trying, I just got unlucky that day!

[EAGLE1]

  you know this is so typical of society these days, no one want to take responsibility for anything, even when the truth is as plain as day. forget calling the paper, call your lawyer, and sue everyone! sue the city and sue the dealership, it happened on their property that makes them liable, and the cover is a city structure or fixture, that makes them liable. you can also get your insurance involved, its their job to protect the value of your bike, they would most likely pay for the damage to get fixed, and then go after the bad guys with a barrage of lawyers to get back their coin.

[AUSSIE_FLSTFSE]

you know this is so typical of society these days, no one want to take responsibility for anything, even when the truth is as plain as day. forget calling the paper, call your lawyer, and sue everyone! sue the city and sue the dealership, it happened on their property that makes them liable, and the cover is a city structure or fixture, that makes them liable. you can also get your insurance involved, its their job to protect the value of your bike, they would most likely pay for the damage to get fixed, and then go after the bad guys with a barrage of lawyers to get back their coin.

Exactly what I was going to say!



Cheers [smiley=drink.gif]

[Mrs Red Hot]

Just to clarify to ya twolane I baught the bike from a different dealer. In fact if this had happened at the dealership that I had baught the bike from, they no doubt would have taken very good care of me and probably would have given me a loaner to ride home on. I miss my old stealer and I am sure they miss us since we moved as well, we dropped over a 100g in that shop this year alone.

Just getting around to fully reading of all your problems Scott. It doesn't matter where you purchased your bike. They person's at fault isnurance company that's taking care of the damage should also provide you with transportation while your bike is laid up. Just like when my brother was hit by a car a few years ago. It was durning the summer time and his bike was the only transportation he had at the time. The guy who was at fault insurance had to cover fixing his bike, replaced his broken cell phone, torn jacket etc... and also had to pay for a rental motorcycle or what ever vehicle he needed for transportation while his bike was being fixed. Stick to you guns and make whom ever is at fault get you a rental bike. It may not be a nice and pretty as your SE Fat Boy, but at least you'll be riding. Take care and keep us all posted. Sandy