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[Ceej]

I really think you should see a lawyer with all the facts about this and see what they say. IMHO They are the ones that should be signing things, like maybe a check, an apology, a new title, etc..... not you!

[DynaSoar]

Chill out, Iron. I merely asked what it was.

[Twolanerider]

Mr. Dealer.  It was reported earlier in this thread that you occasionally watch this site and had monitored this thread.

If you're out there it's time to more actively explain.  What could be so proprietary in the engine's technology that an owner's discussion of what failed in his own bike needs to be kept from the light of day?  I assume proprietary technology of some type must be the concern here.  Certainly a reputable business and a stand-up parent corporation wouldn't try to gag a man from discussing what he had to experience (and had to experience even after having given forewarning of a problem).  And certainly they wouldn't try to leverage honoring a legal warranty requirement as means to gain that gag.  So it's something secret in just his engine that broke; right?

[IronButt]

Chill out, Iron. I merely asked what it was.

Dynasoar, I took the time to send you a pm because I truly care about YOU! If I have to give you some "Tough LOVE" to get you on the right track OK I WILL DO IT!

Everyone (except one), here has said the same thing Get an Attorney!

Why, Now they want to GAG!!!! you just like Towlanerider pointed out!

THEY MOCO just crossed the Frendly Dealer buying you lunch into a LEGAL ARENA.

I dont want to se you get screwed.... THEY just made it A LEGAL BATTLE

Dont feel bad about protecting yourself, Good O'le Boy lunch is one thing Legal Documents are quite different.

You tried to do itone on one
They want to make it legal

[greglyon]

A confidentiality agreement means you can not discuss the terms of any settlement with a 3rd party.  My previous post warned you that this was likely to come.  Nothing in the warranty requires the signing of such a document.  They are playing hardball and the only way for you to play their game is to hire an attorney who will tell them to pound sand.   
Your leverage is the bodily injury claim not the damage to your bike.

[Fired00d]

Has anyone here ever heard of signing a 'confidentiality agreement" between myself and the MoCo?

This type of agreement is meant to keep things quiet about something they (corporation, in this case MoCo) might (?) have been at fault at. It is meant as a tactic to keep the subject from the public that might hurt their sales, or other aspects of their business. Since it has become a "legal" matter now (and signing a confidentiality agreement is a legal document) I would consider consulting an attorney before signing anything. In any legal document there could be "hidden" wording that may not be to your best interest. Good luck.

 
Ride Safe,
Fired00d
 

[HogBreath]

twojay,

I'll back you up 100%. I'm in business for myself and seems like I have an attorney hired more often than not. I've been treated fairly. Although expensive, I have no complaints about the amounts I've been charged. When mechanics can charge $60-$90 per hour, I don't see $150-$200 for an attorney to be overly expensive. 

As far as MOCO, I've never had a problem with them. I have no complaints about the way I've been treated by MOCO or my dealer. They've gone beyond the call of duty on anything I've had done.

Personally, If I had my engine blow with 800 miles on it, I'd take it back to the dealer and give them every opportunity to "Do the right thing" Before hiring an attorney. Once your attorney contacts them, it's like drawing a line in the sand. The battleline has been set. You know what "The right thing is". Moco knows "what the right thing" is. The dealer knows "what the right thing" is. Give them a little time to let it sink in and take it's course. If they ultimately refuse to "Do the right thing", Then it's time to draw the line in the sand.

Just my humble opinion. Once it goes to court, everyone looses.

[RJ749]

With all do respect to your thought process, morals, education, life experience or whatever else goes into the making of any decision, I must say that there is "NO" decision to be made here.

The MoCo has made the decision for you and the only thing left is for you to "take action Immediately".  This does not mean you are going straight to court or pressing any action from your end, it means you are being prudent and consulting with the attorney and not signing any document other than a repair order to proceed with repair, leaving all legal avenues open to yourself.

An attorney is not advised here, an attorney is mandated here by the gravity of this situation.  You are no longer responsible for the safety and well being of yourself and your family, your actions will have grave consequences for every 2007 CVO owner and everyone that is buying one in the future.

How many other agreements have been signed?  How many other broken bones, yards of road rash and worse exist out there?  If everyone that may have had a seized motor signed an agreement, how would others find out what happened or that a problem may exist?

This is much larger than just your situation.  You must retain a competant attorney that is trained in this type litigation.  They will face a law firm from the MoCo that will have every possible tool available for litigation.  This is not to say that you need to sue anyone necessarily, you just need to CYA and make sure you don't trap yourself in a corner because you fell you are doing the right thing.

I stated in an earlier post that I commend you for taking a civil approach to this.  I still do, the civil approach now requires that you retain an attorney, they will get their fees covered in any agreement you make with the MoCo, in fact it would surprise me if your insurance company wouldn't have already started down this path.  You have contacted and involved your own insurance company haven't you?  This would be very foolish to not involve them as well.

There would be no fall back on you from an insurance company when a "product failure" is the cause.

Our layman's knowledge of the lean condition all of these machines are being delivered with to meet emission requirements would indicate it isn't a stretch to presume that a setting could be off just enough to create the seizure of that rear cylinder.

VW aircooled engine used to blow on compression after getting to hot all of the time.  Ask anyone what cylinder they lost in their VW aircooled back in the day, if they respond with anything other the number three cylinder it would surprise me.

All this in the way of adding to everyone else's recommendation as strongly as possible that you "must at all cost" retain an attorney.  Imagine if you had a tooth ache and needed a root canal, you'd be at the dentist right now.  This could be the worst ache you will ever be involved with.

[Chief]

Did DS say he was asked to sign the Confidentiality Agreement, or did we all just assume that's what he meant when he asked if anyone had ever heard of it happening? IROAR brought it up initially. Maybe he was just curious, maybe not.

Are we jumping to conclusions? Does someone know something that wasn't posted?

Chief

[RJ749]

Did DS say he was asked to sign the Confidentiality Agreement, or did we all just assume that's what he meant when he asked if anyone had ever heard of it happening? IROAR brought it up initially. Maybe he was just curious, maybe not.

Are we jumping to conclusions? Does someone know something that wasn't posted?

Chief

Has anyone here ever heard of signing a 'confidentiality agreement" between myself and the MoCo?

Chief, his quote from yesterday raised the question and I believe the early posters after it made the connection that he had been asked to sign a document.  Maybe he was asking because he assumed that one was forthcoming, regardless, if it has been offered or it eventually is offered, I believe that the advice here should be taken at the appropriate time.  Were it me, I would have an attorney review the situation anyway in case he would smoke out any detail I was missing personally in trying to do the right thing.

For example, future medical care related to the accident.  Since they have offered to cover his costs I don't believe it is a stretch that they would put a document in front of him saying it was a confidentiality agreement with a few more clearly laid out paragraphs that relieved them of "any" liability once the check was accepted and cashed.  I believe that is SOP for corporations today.  Whether it would relieve them totally or not they would still get it signed if someone would.

[Chief]

Chief, his quote from yesterday raised the question and I believe the early posters after it made the connection that he had been asked to sign a document.  Maybe he was asking because he assumed that one was forthcoming, regardless, if it has been offered or it eventually is offered, I believe that the advice here should be taken at the appropriate time.  Were it me, I would have an attorney review the situation anyway in case he would smoke out any detail I was missing personally in trying to do the right thing.

For example, future medical care related to the accident.  Since they have offered to cover his costs I don't believe it is a stretch that they would put a document in front of him saying it was a confidentiality agreement with a few more clearly laid out paragraphs that relieved them of "any" liability once the check was accepted and cashed.  I believe that is SOP for corporations today.  Whether it would relieve them totally or not they would still get it signed if someone would.

I agree, protecting ourselves is good.

I hope it all works out for him. His last post of any breadth seemed to point in a favorable direction. I hope it doesn't turn into a total cluster.

Chief

[Fired00d]

Did DS say he was asked to sign the Confidentiality Agreement, or did we all just assume that's what he meant when he asked if anyone had ever heard of it happening? IROAR brought it up initially. Maybe he was just curious, maybe not.

Are we jumping to conclusions? Does someone know something that wasn't posted?

Chief

You bring up a good point and it may all be an assumption at this time on our part. However I would be willing to bet my last dollar that something like this would be requested from the MoCo. It would be insane for them not to. Any big corporation is going to want to protect their product and assets. It would make good business sense to keep something like this from the public if in fact the product was found to be defective. I would be willing to guarantee that one of the MoCo's lawyers got a call about this as soon as it was reported.

By all means I don't want Dynasoar or anyone else to think that I'm implying this should go to court, but like the MoCo's lawyers are going to do the best to protect the MoCo Dynasoar needs someone trained (lawyer) to protect his interests. IMHO

 
Ride Safe,
Fired00d
 

[twojay]

Chief, his quote from yesterday raised the question and I believe the early posters after it made the connection that he had been asked to sign a document.  Maybe he was asking because he assumed that one was forthcoming, regardless, if it has been offered or it eventually is offered, I believe that the advice here should be taken at the appropriate time.  Were it me, I would have an attorney review the situation anyway in case he would smoke out any detail I was missing personally in trying to do the right thing.

For example, future medical care related to the accident.  Since they have offered to cover his costs I don't believe it is a stretch that they would put a document in front of him saying it was a confidentiality agreement with a few more clearly laid out paragraphs that relieved them of "any" liability once the check was accepted and cashed.  I believe that is SOP for corporations today.  Whether it would relieve them totally or not they would still get it signed if someone would.

Not only would any document presented to him for signature probably contain a release for any type of claim (injury or property) , past, present or future, as well as a confidentiality clause but monetary damages for the co in the event the confidentiality clause was violated. It is also not unusual for the confidentiality clause, as initially prepared by the co,  to be worded so that plaintiff is agreeing that he has not and will not disclose certain facts. In most cases these facts have already been disclosed as most people talk to someone about what took place before they ever enter into a settlement, even if it is only their spouse that they talked to. Thus by signing the document you are becoming immediately liable for paying damages to them. You need to be very careful in signing any document prepared by a party who has opposing interests. Also, I would advise everyone never to settle a personal injury case within the first few months of the initial event. Many injuries take time to fully develop and  once a release has been signed there is no recourse available.    

[twojay]

twojay,

I'll back you up 100%. I'm in business for myself and seems like I have an attorney hired more often than not. I've been treated fairly. Although expensive, I have no complaints about the amounts I've been charged. When mechanics can charge $60-$90 per hour, I don't see $150-$200 for an attorney to be overly expensive. 

As far as MOCO, I've never had a problem with them. I have no complaints about the way I've been treated by MOCO or my dealer. They've gone beyond the call of duty on anything I've had done.

Personally, If I had my engine blow with 800 miles on it, I'd take it back to the dealer and give them every opportunity to "Do the right thing" Before hiring an attorney. Once your attorney contacts them, it's like drawing a line in the sand. The battleline has been set. You know what "The right thing is". Moco knows "what the right thing" is. The dealer knows "what the right thing" is. Give them a little time to let it sink in and take it's course. If they ultimately refuse to "Do the right thing", Then it's time to draw the line in the sand.

Just my humble opinion. Once it goes to court, everyone looses.

Thanks for the support. In a case like this where the bodily injuries appear to be minor, from a cost and long term analysis and not from the personal aspect of the injured party, and the other damages should be covered by  his own insurance, I would agree with everything you have said. In those type cases an attorney may not be needed, and hopefully not, because I also agree for the most part, that when you go to court no one wins. However when you are dealing with serious injuries or large amounts of other type damages, I always recommend getting an attorney immediately as one misspoken word can come back to haunt you in ways you would have never imagined.

[HogBreath]

I for sure won't try and argue with you, THAT'S what you do for a living! LOL