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[sefatboyscott]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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.