Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Fired00d]

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]

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

Send lawyers, guns and money...

 [smiley=huepfenlol2.gif]

[110tHunDer]

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]

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]

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]

Just my $.02:

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.  

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]

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]

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]

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]

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

[Mrs Red Hot]

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]

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]

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]

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]

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!