Topic: First bit of damage (Read 6986 times)

sefatboyscott · « **on:** November 06, 2005, 11:56:40 AM »

While leaving my local stealer I ran over one of those "water" covers in the parking lot. Well the thing flipped up and under my bike which stopped my bike in it's tracks. I broke the front spoiler and also put some nasty gashes in my frame on the underside. The dealer did not seemed to want to do anything about it as they claim its on the city/ The cost for the spoiler alone is 197 bucks with tax. Can you believe that little piece of plastic is almost 200 bucks? I can it's H-D right? Now there is some debate about the frame. I think that the city should also replace the frame. It was not f'd up before I hit this thing in the road and it is now. Maybe the structural integrity of the frame is comprimised?? one of the gashes is a tiny hole all the way through the underside of the frame tube. The part is 1700 bucks and the labor is 35 hours ....4,700 dollars if they decide the frame needs replaced. I will get a professional estimate and let you know the verdict. Has anyone else had any dealings with trying to get a city to pay for damage to their bikes due to raod hazards that should not be?

Twolanerider · « **Reply #1 on:** November 06, 2005, 12:04:37 PM »

Not sure what you mean by a "water cover" in the parking lot. If you're talking about a service or "manhole" cover over a water meter that's actually in the parking lot it likely doesn't involve the city at all unless the city own your water utility. Even then the city is likely to tell you they're not responsible for "regular maintenance" on private property. That kind of due diligence belongs to the property owner. Even on the street cities are immune from those types of tort claims in most states unless it's foreseeable and egregious error on their part that leads to the incident. Road hazards are, unfortunately, why we have insurance....

sefatboyscott · « **Reply #2 on:** November 06, 2005, 12:08:18 PM »

Its an access cover to a meter. The delarship has city water. The meter had recently been worked on and yet to be patched around with fresh asphalt so it is sticking up about 1 1/2 inches above the pavement.

Twolanerider · « **Reply #3 on:** November 06, 2005, 12:23:15 PM »

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Its an access cover to a meter. The delarship has city water. The meter had recently been worked on and yet to be patched around with fresh asphalt so it is sticking up about 1 1/2 inches above the pavement.

That at least gives you grounds to make the case then. They worked on it and did so in a place where low slung motorcycles absolutely had to be expected. A warning marking or cone or something around a created hazard is not too much to expect. If it's a city owned water utility go to them. Utility of any size will have a desk that handles hazard claims. Given the value of the claim they'll have to kick it upstairs. But in those circumstances you've definitely got a case worth making.

Really sorry about the damage. That royally sucks. Does the frame damage really look like it's weakened the bike? In any case good luck on getting it straighted out. If everone tries to avoid liability I'd be like some pre-Reformation Martin Luther; all pissed off and no place to go....

sefatboyscott · « **Reply #4 on:** November 06, 2005, 12:32:00 PM »

Nah it does not look like it weakened the strength of the frame, but my point is there was no hole or problems before hitting this thing so it should be fixed. Should I ever decide to resell the thing........which I won't. It would be one of those things that may deter a new owner. In other words its f'd up and I don't feel its my responsibility. As you said a cone or something! It is located just before a corner and I was looking into the corner not down at the pavement. As you also mentioned a high traffic area for low slung motorcycles. If you were to ever visit this dealership you will see it is directly in front of the service department entrance door.....a real bad spot for a road hazzard! Or good depending on which side of the counter your standing on!

Twolanerider · « **Reply #5 on:** November 06, 2005, 12:43:45 PM »

Geez, with all that going on it's actually a good case for shared liability. It was in a high traffic area. Right outside the service door (so the service writers had to see the work, the work's effect and the potential hazard). And neither the city workers nor the dealer staff did anything to prevent a completely foreseeable (and created) hazard from doing damage. Definitely time to rain all over someone's parade.

sefatboyscott · « **Reply #6 on:** November 07, 2005, 01:32:29 AM »

One of the service writers actually commented on how she was waiting for someone to do that as she has watched several cars pop the cover out of place and figured someone would eventually hit it on their bike. Nice huh?

AUSSIE_FLSTFSE · « **Reply #7 on:** November 07, 2005, 04:40:51 AM »

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While leaving my local stealer I ran over one of those "water" covers in the parking lot. Well the thing flipped up and under my bike which stopped my bike in it's tracks. I broke the front spoiler and also put some nasty gashes in my frame on the underside. The dealer did not seemed to want to do anything about it as they claim its on the city/ The cost for the spoiler alone is 197 bucks with tax. Can you believe that little piece of plastic is almost 200 bucks? I can it's H-D right? Now there is some debate about the frame. I think that the city should also replace the frame. It was not f'd up before I hit this thing in the road and it is now. Maybe the structural integrity of the frame is comprimised?? one of the gashes is a tiny hole all the way through the underside of the frame tube. The part is 1700 bucks and the labor is 35 hours ....4,700 dollars if they decide the frame needs replaced. I will get a professional estimate and let you know the verdict. Has anyone else had any dealings with trying to get a city to pay for damage to their bikes due to raod hazards that should not be?

Scott, sorry to read about your tragic event. that would really P... me off, hope it all gets sorted without too much drama

(you got to keep away from those stealers, they are bad news)

sefatboyscott · « **Reply #8 on:** November 09, 2005, 08:31:37 PM »

Ok, heres an update on the bike situation. I haven't rode it since I rode it home from the carnage that occured until today. Well I go to start up the bike and head out........won't start. I roll it down my driveway in 2nd and pop start it. I get to one of my local stealers to pick up some motorclothes I had ordered and go to leave. It won't start again like the battery is not charging. I roll it around to the service department and ask them to take a look and to check out the voltage regulator explaining what happened at the other dealership. They check it out and inform me that I have a screw that worked out of the battery terminal because the threads are stripped ( could be my fault, never noticed it) so they change out the bolt with a longer one etc. The bike fires up once, cut it off and fires up again. I pay my 23 bucks for this little service and head out. I drive a half hour or so and stop for a drink, figuring the battery must be charged enough to start her again.........NOPE. I pop start the thing again and head home. About half way home I notice that the thing is dropping off power at about 43oo rpms and wont go any higher than that either. OK so I know I have a problem. I go a little further and the tach starts jumpin all over the place, my lights are dim etc. Sooo I manage to make it to my other dealer where I had hit the water cover and roll it into service, the bike died as I got it in the service doors. One of the techs goes over ( he was there when the carnagew happened) and looks under the bike says well some of the wires on the voltage regulator are pinched. Also takes note of the frame damage and mentions has to probably be replaced. He looks at me and say , well she will be herer for about 3-4 months while we order you a new frame. First step get a wreck estimate and see what else might be goin on with her. So thats where we are right now. The guy at the service counter was very helpful, he informed me that they have already contacted the city about the hazzard and since the city has come out and painted it orange. He also said they have experience in getting the city to take care of things like this and will help me get it sorted. So this is all good.

What's not good is I am now going to be three or four months without my bike. This is my transportation, on top of that it means every month I will be shelling out for a bike payement on a bike I don't have. I am not happy about this part of it. I wonder if the Mocco will take any responsibility for the fact I am going to have to wait for CVO due to the paint of the frame and possibly provide me with a rental to ride in the meantime??? I doubt it but one can always hope right?

Twolanerider · « **Reply #9 on:** November 09, 2005, 08:46:29 PM »

Scott, the shop has some shared liability for not marking what they knew and witnessed to be a hazard. Whether they really have any leverage or experience with the city government or are just blowing smoke to pacify you right now is an important question. But don't give them extraordinary credit or patience for helping to take care of a problem that they also helped create. You just bought the bike from them. A mother of an expensive bike by the way.

Through at least some partial fault of their own you'll be without a vehicle for an extended period of time. What they owe you is all assistance they can offer to get the bike done AND a loaner or rental for the vehicle you are without as a result of their negligence. Tell them you wish to speak with their shop liability insurance provider about the lost transportation AND the repair. When they squirm just stand there until they tell you who it is.

sefatboyscott · « **Reply #10 on:** November 09, 2005, 09:19:04 PM »

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.

Twolanerider · « **Reply #11 on:** November 09, 2005, 09:24:17 PM »

It sucks to lose a relationship with a shop and dealer you trust and know Scott. But that's all beside the point to the fact that this shop and its local government are the ones who left the hazard unmarked. Until directed by counsel otherwise your first point of contact is the shop as the damage was on their property, caused by an adjunct act done on their property and recognized before the fact as a hazard by their staff.

sefatboyscott · « **Reply #12 on:** November 09, 2005, 09:31:09 PM »

Thanks alot twolane. I will keep you informed of anything I find out. I will follow up on your suggestion tommorrow and see what I come up with.

sefatboyscott · « **Reply #13 on:** November 09, 2005, 09:33:02 PM »

Oh BTW I have another concern. If they change the frame won't this then mean I won't have matching VIN numbers therefore depreciating the value of my bike?

?

Twolanerider · « **Reply #14 on:** November 09, 2005, 09:42:36 PM »

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Oh BTW I have another concern. If they change the frame won't this then mean I won't have matching VIN numbers therefore depreciating the value of my bike??

Harley will supply a frame VIN matched. Since the title will never go to "salvage" and have to be resurrected the bike's valuation should not be damaged.

hd-dude · « **Reply #15 on:** November 09, 2005, 10:54:50 PM »

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Oh BTW I have another concern. If they change the frame won't this then mean I won't have matching VIN numbers therefore depreciating the value of my bike??

The dealer will most likely have to cut the neck off the frame and send it back to HD before they will produce another with the matching VIN. That is why it will take so long for the repairs

sefatboyscott · « **Reply #16 on:** November 11, 2005, 01:11:50 AM »

Ok, I got my completed wreck estimate today. The following needs to be replaced on my fatboy

Stator
Frame
Bracket ( front spoiler)
front spoiler
mounting block
drain plug
primary cover gasket
washer
chrome voltage kit
some nuts some screws and some lube plus labor

$5,105.89

Twolanerider · « **Reply #17 on:** November 11, 2005, 02:33:18 AM »

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Ok, I got my completed wreck estimate today. The following needs to be replaced on my fatboy

Stator
Frame
Bracket ( front spoiler)
front spoiler
mounting block
drain plug
primary cover gasket
washer
chrome voltage kit
some nuts some screws and some lube plus labor

$5,105.89

Don't forget Scott, they knew you'd damaged the bike on their property, and know you know with how much damage; and they let you ride off that way.....

sefatboyscott · « **Reply #18 on:** November 15, 2005, 12:05:49 PM »

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. I have yet to file the claim as I awaiting a call back from one of the clerks about also including a rental in the claim as this is my primary vehicle. SO it looks like the repairs are covered, will let you know if they give me a rental as well as soon as I find out.If they do it's gonna have to be an Ultra to get me close to what I was already riding.the stock fatboyu just won't do it for me...lol. I could be ok on a stock ultra for a few months though. My only fear with that is I will end up wanting a CVO Ultra of my own after riding that a bit I bet.[smiley=dizzy2.gif]

Twolanerider · « **Reply #19 on:** November 15, 2005, 01:22:52 PM »

That is wonderful news Scott. Congrats they met the appropriate responsibility without having to be persuaded too long or too hard. Still a shame, however, that you have to be without the bike so long.

DavidB · « **Reply #20 on:** November 15, 2005, 01:57:27 PM »

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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. I have yet to file the claim as I awaiting a call back from one of the clerks about also including a rental in the claim as this is my primary vehicle. SO it looks like the repairs are covered, will let you know if they give me a rental as well as soon as I find out.If they do it's gonna have to be an Ultra to get me close to what I was already riding.the stock fatboyu just won't do it for me...lol. I could be ok on a stock ultra for a few months though. My only fear with that is I will end up wanting a CVO Ultra of my own after riding that a bit I bet.[smiley=dizzy2.gif]

Sounds like the city may have contacted the dealer to confirm your story.

sefatboyscott · « **Reply #21 on:** November 15, 2005, 02:41:27 PM »

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The dealer will most likely have to cut the neck off the frame and send it back to HD before they will produce another with the matching VIN. That is why it will take so long for the repairs

Ok here is an interesting question regarding the frame of the bike. I purchased a frame when I purchased the bike......it needs replacing granted. The fact remains that I am purchasing a new frame. SO in effect I have purchsed two frames and will only end up with one?? Something is not right about that. Sure it needs replacing but whos to say that the frame is not still useful, I could weld it and powder coat it and have the basis for another bike. Am I not the owner of the original frame and if not should I not get a tremendous discount on my new frame since in essence a frame is being traded in for a new one?

DavidB · « **Reply #22 on:** November 15, 2005, 06:05:10 PM »

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Ok here is an interesting question regarding the frame of the bike. I purchased a frame when I purchased the bike......it needs replacing granted. The fact remains that I am purchasing a new frame. SO in effect I have purchsed two frames and will only end up with one?? Something is not right about that. Sure it needs replacing but whos to say that the frame is not still useful, I could weld it and powder coat it and have the basis for another bike. Am I not the owner of the original frame and if not should I not get a tremendous discount on my new frame since in essence a frame is being traded in for a new one?

If you are buying the new frame you now have two. If the city is replacing the damaged frame , they now own a damaged frame and you own a new one. Guess if you could talk them out of the damaged one you would have two.
Now comes the question of the serial number on the original frame and the title that goes with it. [smiley=nixweiss.gif]

sefatboyscott · « **Reply #23 on:** November 15, 2005, 06:33:34 PM »

True enough the city would own the damged frame. But taking the city out of the picture just for conversations sake. I have a bad frame and I order a new one from H-D. They have to cut the neck off the old one to replicate the serials. OK that I understand. But in this scenerio I have now purchased two frames and ended up with one end product no? What I am getting at is the Mocco gets paid for a new frame and also needs my old one to "remanufacture" it. So on their end they have been paid twice for the same frame......literally once they weld the neck from my old frame onto a new one....It seems they would have to do that in order to keep the serial number, they cannot just make a new frame with the old serial number, that would be fraud.

WFP · « **Reply #24 on:** November 15, 2005, 06:49:27 PM »

If you bought a new frame on your own, yes, have two or more, if you are having your frame replaced with the same vin, only one. There is no such thing as a free lunch.

sefatboyscott · « **Reply #25 on:** November 15, 2005, 08:37:52 PM »

Free lunch........hah. I will probably be without a bike for 4 months...hardly free. actually this one is financed so I will pay for bike payments and insurance on a bike that I can't ride for 4 to 6 months......aint nuttin free about that!

hd-dude · « **Reply #26 on:** November 16, 2005, 12:59:52 AM »

SE;
If having a second frame is really important to you you could have them just get a frame off the rack, the disadvantage would be that you numbers would not match and I would think that it would devalue the bike some. HD will not weld you neck back on they will stamp a new frame with your numbers. HD cannot legally produce a frame with a duplicate vin #'s

sefatboyscott · « **Reply #27 on:** November 16, 2005, 01:40:04 AM »

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SE;
If having a second frame is really important to you you could have them just get a frame off the rack, the disadvantage would be that you numbers would not match and I would think that it would devalue the bike some. HD will not weld you neck back on they will stamp a new frame with your numbers. HD cannot legally produce a frame with a duplicate vin #'s

No having a second frame is not that important to me at all. I could care less. I guess I am saying the price of the new frame is 2,200 dollars. It seems like I should get a discount or something with a trade in of a frame with a tiny weld here and a dot of paint there would make it brand new again. It seems a shame that they will cut the neck off it and stick it in the dumpster.Truth be told the frame is being replaced because I demmand my bike be NEW again since it was NEW before the damage happened. Its a prefectly good frame just not on my particular bike....... I am that guy who spends hours shining every centimeter of his chrome whenever the bike is not moving.

What I am understanding is that this older frame is worthless... for this bike maybe, but it has SOME worth as the basis for a softail motorcycle with little repair work needed. They could bead blast it weld the spot weld the serial number, restamp it and powder coat the thing and slap it on the production line and noone would ever know...not ever. I just wonder where this frame will actually end up.

sefatboyscott · « **Reply #28 on:** November 16, 2005, 05:12:03 PM »

Here is what I hit, notice the location and how it is directly in fron of the service department entrance.

sefatboyscott · « **Reply #29 on:** November 16, 2005, 05:14:28 PM »

It flipped upside down and got stuck under my bike.

sefatboyscott · « **Reply #30 on:** November 16, 2005, 05:16:07 PM »

Some damage

sefatboyscott · « **Reply #31 on:** November 16, 2005, 05:17:22 PM »

Another view

sefatboyscott · « **Reply #32 on:** November 16, 2005, 05:20:19 PM »

The frame

sefatboyscott · « **Reply #33 on:** November 16, 2005, 05:23:18 PM »

one unhappy guy!

hd-dude · « **Reply #34 on:** November 17, 2005, 02:43:50 PM »

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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 · « **Reply #35 on:** November 17, 2005, 07:36:54 PM »

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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 · « **Reply #36 on:** November 17, 2005, 11:52:55 PM »

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 · « **Reply #37 on:** November 18, 2005, 02:15:39 PM »

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 · « **Reply #38 on:** November 20, 2005, 11:05:34 PM »

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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 · « **Reply #39 on:** November 22, 2005, 06:01:19 PM »

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 · « **Reply #40 on:** November 22, 2005, 10:55:06 PM »

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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:

Quote

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 · « **Reply #41 on:** November 22, 2005, 11:23:37 PM »

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 · « **Reply #42 on:** November 23, 2005, 12:03:33 AM »

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 · « **Reply #43 on:** November 23, 2005, 05:12:13 AM »

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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 · « **Reply #44 on:** November 23, 2005, 08:35:48 AM »

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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

Fired00d · « **Reply #45 on:** November 25, 2005, 07:48:01 PM »

Man that sucks

My better half would probably be bringing me cigars/cigarettes in jail about now. I think I would have gone ballistic and done something stupid. [smiley=furious3.gif] Hope you get this resolved, and it makes you happy. The pictures of the damage are enough to make a grown man cry

[smiley=pumpkin.gif]
Ride Safe,
Fired00d
[smiley=fireman.gif]

EAGLE1 · « **Reply #46 on:** November 25, 2005, 07:55:53 PM »

Send lawyers, guns and money
The chit has hit the fan

Send lawyers, guns and money...

[smiley=huepfenlol2.gif]

110tHunDer · « **Reply #47 on:** November 25, 2005, 09:34:04 PM »

Dude, that SUCKS! Ignorance never gets us out of any liability.

I don't remember if you said, have you contacted your insurance about this? Maybe there is something they can do to push the issue. At the very least, you'll be able to get it repaired with a claim to them, right?

EAGLE1 · « **Reply #48 on:** November 25, 2005, 10:32:14 PM »

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have you contacted your insurance about this? Maybe there is something they can do to push the issue. At the very least, you'll be able to get it repaired with a claim to them, right?

i made this sugestion a few threads up, trust me the only one on your side will be your insurance, especally if you make a claim, they will do almost anythig to get their money back. i had my softail down in daytona a few years back and it somehow got lost for two months when i tried to get it trucked back by a carrier, i was dicked around until i called my insurance and told them i believe it was stolen, since they would have had to cough up 24k they had it tracked down in two days, and to top it off, it was damaged as well. not only did they fix it, the shipping was free. let them do what they do best, and are being payed to do.

sefatboyscott · « **Reply #49 on:** November 26, 2005, 01:35:02 PM »

Actually my next step is to hire a private attorney. The truth about the insurance is this.......I just recently moved to NC from Ohio and had yet to switch Insurance and tags etc. I am not sure about filing a claim as the insurance company could just drop me even though my premiums are paid, I no longer reside at the address they have on file.........it's all just bad timing.

SEUC-OCD · « **Reply #50 on:** November 26, 2005, 02:39:13 PM »

Just my $.02:

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Its an access cover to a meter. The delarship has city water. The meter had recently been worked on and yet to be patched around with fresh asphalt so it is sticking up about 1 1/2 inches above the pavement.

If the cover had been worked on recently, and the closure of the manhole was incomplete, then it seems like negligence on the part of the city. Typically those things are either bolted back on or sealed again with asphalt. If that wasn't done and the cover was loose then they should have flagged it with paint or something. This in a sense places the responsibility on the city, because they did know about it.

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One of the service writers actually commented on how she was waiting for someone to do that as she has watched several cars pop the cover out of place and figured someone would eventually hit it on their bike. Nice huh?

This actually places some of the responsibility on the dealer. Have you ever heard of someone slipping on the ice on the public sidewalk outside of a business and the business is liable? This is the same sort of thing. They knew there was an issue and strongly felt it was likely and only a matter of time before an incident occurred, and they took no action to notify the city or repair it or flag it or even mention it.

PS: I just caught this thread. My condolences. I sincerely hope it works out in your favor!

EAGLE1 · « **Reply #51 on:** November 26, 2005, 02:49:48 PM »

Quote

Actually my next step is to hire a private attorney. The truth about the insurance is this.......I just recently moved to NC from Ohio and had yet to switch Insurance and tags etc. I am not sure about filing a claim as the insurance company could just drop me even though my premiums are paid, I no longer reside at the address they have on file.........it's all just bad timing.

scott,

wow, the soup get thicker by the day, if your premium is paid you may still be covered, its worth a phone call to your agent to find out where you stand, i doubt that they would drop you over this, and since you said your in the process of switching insurance, who cares, as long as you get your bike fixed. the insurance will get their money back for sure, they will sue anyone and everyone thay can to recover their coin! that what they do best.

after my ordeal in daytona, the shipper, (mailboxs etc.) called me, very angry at the fact that i called my insurance and reported my bike stolen, telling me that we could have worked it out, and that it was costing them thousands in litigation and time, and that they may have to close their doors. after i stopped laughing, i politely told the woman that well, if thats the way your giong to treat people and there property, maybe its a good thing, and hung up!

AUSSIE_FLSTFSE · « **Reply #52 on:** November 26, 2005, 05:58:05 PM »

Jeez Scott,

This is going from bad to worse! But still the fact still is the city damaged your bike. Can you rely on your dealer as a wittness? They know how long the cover was like that (or will they keep out of it thinking they will be in the hot seat as well) Can you not just sue the city for damages? you have photos, you have the damage, surely it is a clean cut case. I repeat "The city damaged your bike"

[smiley=annoyed.gif] [smiley=annoyed.gif] [smiley=annoyed.gif] [smiley=annoyed.gif] [smiley=annoyed.gif]

CVOJOE · « **Reply #53 on:** November 26, 2005, 06:44:52 PM »

Sux big time! What if you'd been thrown off and injured instead of just damage to the bike ? THEN you would have some ambulance chasers knocking at your door. I think the right track is to use your ins. co., they have attorneys that do nothing but this sort of stuff. Just tell them that you've relocated and in the process of getting settled, address, etc. that the incident occured. I'd also get the dealership involved since they witnessed it, and even alluded to knowing it was just a matter of time. Someone owns the property, someone did the work on the pavenemt/covers, etc. so that's where the liability seems to lie. It's clearly not your fault. What a crock ! Go after them and good luck. [smiley=xyxthumbs.gif]

110tHunDer · « **Reply #54 on:** December 21, 2005, 07:39:51 PM »

Hey, Scott, what's the latest chapter in the story? [smiley=nixweiss.gif]

Mrs Red Hot · « **Reply #55 on:** December 22, 2005, 07:17:16 AM »

Scott: I feel the same as Eagle1 about the the Insurance Company. After all your premium has been paid and you are suppose to be covered while your out of town or on vacation. Plus you have a certain number of days when you move to get these things changed over. Something like 90 days or so. Check with your states DMV they can tell you for sure on the time frame. Also I beleive both the City and Dealer are part to blane on the accident. The cover should have been in place properly or well marked so cars of motorcycles couldn't hit it. Should have been a big ORANGE CONE sitting on top of it!!! Sandy

sefatboyscott · « **Reply #56 on:** December 22, 2005, 09:45:35 PM »

The latest chapter on the story is my insurance company did cover it. So it only cost me the 500 dollar deductible, which is not so bad.but I wish I did not have to pay it. And now since I have filed my first claim ever in my driving life.my rates will likely be hiked up..what can you do? I am glad they have it covered though. The parts are all on order and they will begin working on my bike once they have ALL the parts in. SO she sits in the shop awaiting parts...I did get the check from my insurance company which was made out to me, eagle mark savings and my dealer. Why it had to be made out to Eaglemark also is a mystery because now I have to send it to them so they can sign it and send it back........beaucrecy.

reo · « **Reply #57 on:** December 23, 2005, 07:22:17 AM »

I'm a little surprised your insurance company isn't fighting this matter. I would guess it would be the laws of this land where you can't sue the goverment even in their negligence. I cant rememeber if you sought out other legal representation but if you did and it seems you have to settle with paying the deductible I think I would contact your local newspaper and give them the complete story. These local papers are sometimes not afraid of city hall and will blow up a story like this to a front page if your town is small enough. No one should have to go through something like this.......reo

AUSSIE_FLSTFSE · « **Reply #58 on:** December 24, 2005, 10:03:59 AM »

Scott,
I agree with Reo! You did nothing wrong, You just rode you bike, why should you be punished?

[smiley=drink.gif] [smiley=worthless.gif]

EAGLE1 · « **Reply #59 on:** December 24, 2005, 11:48:50 PM »

Quote

The latest chapter on the story is my insurance company did cover it. So it only cost me the 500 dollar deductible, which is not so bad.but I wish I did not have to pay it. And now since I have filed my first claim ever in my driving life.my rates will likely be hiked up..what can you do? Why it had to be made out to Eaglemark also is a mystery because now I have to send it to them so they can sign it and send it back........beaucrecy.

Scott, you did the right thing, and if they find the dealer and-or the state liable, you will get some or all of your deductible back. depending on if your state is a no fault state, then its based on a percentage of guilt which the courts will decide. your insurance will go after their money and if they win so will you. I love insurance lawyers they are one of the most ferocious animals on the planet. [smiley=nervous.gif]

good luck!

sefatboyscott · « **Reply #60 on:** January 10, 2006, 09:12:45 PM »

They finally called. I went and visited my bike today at Carolina H-D. It's all back together in the new frame with the new parts. The only thing I am waiting on is the little swingarm inserts and new Kuryakun Lizard lights which needed replacing after the backs of them stripped off when they removed them from my original frame. They just sent in a supplemental to my insurance claim to get them covered, ordered them today. The Silver Sled will be back home in a little over a week!!!!!!!!

Aussie Mike that means you will be getting a package soon as well!

Twolanerider · « **Reply #61 on:** January 10, 2006, 10:22:35 PM »

Congratulations Scott. It's a shame this had to happen and you had to deal it. Got to say though, the repair turned around more quickly than I'd expected.

sefatboyscott · « **Reply #62 on:** January 10, 2006, 11:10:43 PM »

Yeah Twolane, I thought the same thing. I can't believe how fast they got my frame. I was also impressed with the little detail of my LEDs. If the insurance wasn't going to cover those I wasn't even concerned about replacing them. I just want my bike back home where she belongs. Here in NC there have been quite a few beautiful riding days recently that I am missing out on but the agony is almost over!!

AUSSIE_FLSTFSE · « **Reply #63 on:** January 11, 2006, 05:16:31 AM »

Thats great news Scott, & like 2lane said it could have taken alot longer (even though it probably seemed like forever to you. Even your fender took 4-5 months the first time didn't it, & the reorder of that was before the "First Bit Of Damage Saga" started. I'm waiting for a front fender (if you saw my thread on fender rust) Good to see a post from you. Trust all is well with you & zero & ya had a great xmas & new year.

Cheers
[smiley=drink.gif]
Mike [smiley=drink.gif]

sefatboyscott · « **Reply #64 on:** January 11, 2006, 09:22:16 PM »

WE had a wonderful Christmas and a great New Year as well thanks for asking and I hope the same was true for you. How long ago did you order your front fender? I did see that post about the rust under the clear coat.

AUSSIE_FLSTFSE · « **Reply #65 on:** January 12, 2006, 04:31:25 AM »

Quote

WE had a wonderful Christmas and a great New Year as well thanks for asking and I hope the same was true for you. How long ago did you order your front fender? I did see that post about the rust under the clear coat.

Yeah it was great! exactly 1 month ago today 3-5 to go I suppose. Still cant believe how quick your frame came, with the xmas break & all.

Cheers
[smiley=drink.gif]

Alazlo · « **Reply #66 on:** January 14, 2006, 10:31:47 PM »

Quote

The dealer will most likely have to cut the neck off the frame and send it back to HD before they will produce another with the matching VIN. That is why it will take so long for the repairs

They will need to cut the neck off the frame but they don't have to send the cut off neck until after the receive the new frame... The dealer is required to send this back to Harley. Once the city replaces your frame you no longer own the old one. Basically you agree to turn in the old frame in order to receive the new one. This is all about the VIN number, not the frame.

Author Topic: First bit of damage (Read 6986 times)

Alazlo