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Author Topic: Questions on diminished value on Wrecked 09 SEUC  (Read 4133 times)

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NA_Dude

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Questions on diminished value on Wrecked 09 SEUC
« on: May 28, 2009, 01:49:48 PM »

I am mad, I was sitting at a stop light and was rear ened and drove into the vehicle in front of me. Damage estimate is $9050.  Forks and both fenders, left lower, left bag & Tour pack to be replaced. That and some misc. Looking at 6 weeks plus for painted parts to arrive. Dealer stated frame "OK".


My question now that this bike will hit "Carfax" how much of the value have lost on the new bike? Are there any legal pressidents that apply to get a replacement motorcycle?

Thanks in advance.



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erniezap

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #1 on: May 28, 2009, 01:52:08 PM »

I don't think that it will diminish the value much, if at all.  By the way, good luck on "6 weeks" for the painted parts.  Tokk almost 5 months for my 04 painted parts!
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mrmagloo

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #2 on: May 28, 2009, 04:40:16 PM »

I dunno but if I ran a Carfax on a CVO, or any vehicle for that matter and noticed considerable damage mentioned, I absolutely would walk.  If they estimate it at $9K, you can bet that will increase, which equates to somewhere around 1/3 of the bikes value.

If it were me, I would already be talking to an attorney seeing you were rear ended, on a bike no less. Also, the chances of seeing that bike completed this season are pretty slim. I had a buddy wreak his SE Fat boy and it took over 6 months for the tins. I'm be asking for paid CVO loaner until it's done too. Once they calculate everything out, they very well might fined it would be cheaper in the long run just to replace the bike. I'd push it all the way.
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DICKW

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #3 on: May 28, 2009, 05:04:03 PM »

I got hit last year in Panama City Fl. by a kid with no insurance. Dealer replaced right bag, both lowers, all crash bars, frame, mufflers. Anything that had a scratch on it. Yes it too some 6-8 weeks for colored parts. But I would think that since these bikes just came out there are painted parts on the shelf.

I have an 09 bought in March, just picked the bike up today, dealer replaced the Batwing, left saddle bag, and Gas tank because of factory defects. 4 weeks for parts.

In the end it did not hurt the value of my bike by a Nickel. All went well and ended well.
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brhulen

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #4 on: May 29, 2009, 10:02:57 AM »

That makes me cringe just looking at it!  Most importantly though you weren't injured.  Everytime I see something like that I'm glad I went with the 3rd LED brake light and the Kuryakin Panacea setup.  I don't believe there is any precedence to offset the "hit" you'll probably take on Carfax.  That is something that is entirely objective rather than subjective.  Sad to say, but that's what insurance is for.  Like another posting, if I were shopping for a used CVO, I would run like a bandit if I saw a damage report, as the first thing that would enter my mind is, there must be something wrong with it as the owner dumped it, (pardon the pun).  I also doubt that you would be entitled to a CVO as a like "vehicle" temporary loaner.  Afterwards, even though it has been repaired to "as new" standards it's kind of like "tainted meat".  I would try and make some case for replacement if at all possible.  Best of luck to you.
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mrmagloo

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #5 on: May 29, 2009, 11:16:38 AM »

Dude, before you agree to anything, just talk to an attorney. Any cager dumb enough to rear end a motorcycle needs a little extra attention. No doubt, the first thing they'll check is whether the person was distracted - cell, texting, eating a bowl of cereal, painting their nails, etc. If so, buying you a new bike is going to be the least of their worries.

Irregardless, any attorney worth his salt is going to be able to get you a new bike. Why bother putting up with the mental anguish of dealing with this nonsense? While it's a terrible thing to see your ride get nailed, the good thing is you are unharmed (as far as we know), and you are totally in the drivers seat here. It would be totally different if this was your fault, where you would have to compromise a bit, but that's absolutely not the case here.

Agreeing merely to have it fixed will be a foolish mistake that you will long regret, imho. Talk to an attorney!
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grc

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #6 on: May 29, 2009, 02:41:53 PM »

Dude, before you agree to anything, just talk to an attorney. Any cager dumb enough to rear end a motorcycle needs a little extra attention. No doubt, the first thing they'll check is whether the person was distracted - cell, texting, eating a bowl of cereal, painting their nails, etc. If so, buying you a new bike is going to be the least of their worries.

Irregardless, any attorney worth his salt is going to be able to get you a new bike. Why bother putting up with the mental anguish of dealing with this nonsense? While it's a terrible thing to see your ride get nailed, the good thing is you are unharmed (as far as we know), and you are totally in the drivers seat here. It would be totally different if this was your fault, where you would have to compromise a bit, but that's absolutely not the case here.

Agreeing merely to have it fixed will be a foolish mistake that you will long regret, imho. Talk to an attorney!

I guess we could add to that, any biker who doesn't fall to the ground screaming in pain and clutching his back after being hit in the rear shouldn't be worrying later about diminished value.  Missed  a perfect opportunity to play the tit for tat game (replace the bike and I'll sign your personal injury waiver). ;D

If the only damage to the bike is to the easily replaced appendages, and the frame and powertrain is basically untouched, I don't see this being cause for concern.  It's not like you would have bondo and straightened and repainted parts as is common on cars, you will have all brand new parts bolted back onto the bike.  Should not be any different than those of us who have had multiple parts replaced under warranty due to crappy paint jobs.  Of course, there should be compensation for loss of use while waiting for the MoCo to supply the parts and make the repairs.  However, if you can convince the insurance company to total the bike with damage estimated at only 25-30% of retail value, go for it.  I'll be very surprised if they agree, even with the help of a lawyer, but stranger things have happened.

Jerry
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Smuuth

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #7 on: May 29, 2009, 04:41:06 PM »

I doubt that the value will be reduced at all as long as the damage is not bad enough to total it and end up with a "Salvage" title.  If the bike is fixed so it looks as good as new, your trade-in value will remain the same.  I have never heard of a dealer getting a carfax on a trade-in bike.  I have known people who have even had a frame replacement on wrecked bike and still got Kelly Bluebook average trade-in value.  (Frame replacement takes even longer than CVO painted parts, because the MoCo has to stop the production line and insert a frame with an out-of-sequence VIN.)
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DICKW

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #8 on: May 29, 2009, 05:21:10 PM »

That is true, they cut the neck off mine and sent it to MOCO so they couldn't use the same vin# twice. Just in case the dealer wanted to re-use the damaged frame.
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1abastarsmda

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #9 on: May 30, 2009, 03:55:20 AM »

They are at fault.  Demand a rental replacement vehicle and hope that they don't tell you that they'll get you a rental car instead of a bike, as it will provide you with transportation and actually provide you with more utility than the bike.  What's it going to cost to rent a bike?  It won't be cheap.  Have the dealer dig a little to get an estimate of how long it will really take to get the parts.  If they can tell the adjuster that it could reasonably take 6 months to obtain the parts, we're talking about a huge rental bill, which could be enough to change their outlook.  If they say 4 to 6 weeks, then you are going to be stuck, even if it ends up taking longer.  My friend just got hit a few weeks ago and they told him for his standard Ultra that it would be 12 to 14 weeks to get the painted parts in.  He was stupid and didn't even ask for a rental bike.  He went out and bought himself a used Street Glide last week so he would have something to ride.  Like I told him, it shouldn't take that long for standard Ultra parts and sure enough, he just found out that his bike will be done early next week.  Now he's going to be stuck with a SG that he overpaid for and probably won't ever ride.  Anyway, it really hurt to see the pics of your bike.  I hope that you find a good way to deal with it, and if you have to get it repaired, it's really just a bunch of bolt on pieces.  Like someone else said, it's not like you will be riding around with Bondo and straightened parts on your bike.  It will be good as new.
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mrmagloo

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #10 on: May 30, 2009, 11:55:35 AM »

I'm just shocked how nonchallant you guys are about having a bike wrecked. I'm sure it's a lot easier commenting when it's not your own baby involved, but the guy got rear ended here. No doubt, he did himself a major disservice already by not immediately calling an attorney, but the fact is, he does have some leverage here. He IS absolutely entitled to a similar rental bike - Meaning a Standard Ultra. Regarding parts availability, we've all seen reports here ranging from one to 6 months and more, so that rental ain't going to be cheap.

Also, regarding the future value, I hate to say it, but you guys saying it won't matter are nuts, pure and simple. No doubt that a repair of this amount is going to show up on the Carfax, and any prospective buyer who uses it will definitely be put on their heels. Why would anyone in their right mind pay the same dollar for one bike over another that has major damage reported vs the same thing without? That's just crazy thinking. Would YOU pay the same you paid for your bike new, if you found out it was dropped from a stack in the HD warehouse, and they had a ton of damage to repair? Of course not. Sure, trade in might not be effected, but there again, you're not getting top dollar to begin with, so that's not really pertinent here.

Again, if he had been at fault here, he would be forced to follow the party line here. However, having been stopped, and totally not at fault, he absolutely has some leverage to help better the eventual outcome. If it is found that the other guy was purposely distracted - texting, cell, etc, which is a big media issue right now, he would definitely be able to make some demands - At least including a new bike.

So I guess my question is, why are so many of you guys 'recommending' he drop what remaining leverage he has, not explore what rights he might have, keep his mouth shut, and just accept what the insurance company is planning to ram down his throat?  Bizzare??
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Smuuth

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #11 on: May 30, 2009, 12:34:18 PM »

I'm just shocked how nonchallant you guys are about having a bike wrecked. I'm sure it's a lot easier commenting when it's not your own baby involved, but the guy got rear ended here. No doubt, he did himself a major disservice already by not immediately calling an attorney, but the fact is, he does have some leverage here. He IS absolutely entitled to a similar rental bike - Meaning a Standard Ultra. Regarding parts availability, we've all seen reports here ranging from one to 6 months and more, so that rental ain't going to be cheap.

Also, regarding the future value, I hate to say it, but you guys saying it won't matter are nuts, pure and simple. No doubt that a repair of this amount is going to show up on the Carfax, and any prospective buyer who uses it will definitely be put on their heels. Why would anyone in their right mind pay the same dollar for one bike over another that has major damage reported vs the same thing without? That's just crazy thinking. Would YOU pay the same you paid for your bike new, if you found out it was dropped from a stack in the HD warehouse, and they had a ton of damage to repair? Of course not. Sure, trade in might not be effected, but there again, you're not getting top dollar to begin with, so that's not really pertinent here.

Again, if he had been at fault here, he would be forced to follow the party line here. However, having been stopped, and totally not at fault, he absolutely has some leverage to help better the eventual outcome. If it is found that the other guy was purposely distracted - texting, cell, etc, which is a big media issue right now, he would definitely be able to make some demands - At least including a new bike.

So I guess my question is, why are so many of you guys 'recommending' he drop what remaining leverage he has, not explore what rights he might have, keep his mouth shut, and just accept what the insurance company is planning to ram down his throat?  Bizzare??
I don't know which post you are looking at, but I didn't see anyone 'recommending' he drop any kind of leverage.  He asked a question about reduced value and some of us offered opinions based on experience.  I think we all agree that he needs to pursue every avenue possible to get justice and proper compensation.

BTW, for the OP, I don't even think CarFax lists motorcycles.  I just went to their website and entered a VIN of a bike that I know for a fact was wrecked to the tune of about $9000 damage and it does not even show up in their listing.  In fact, the website comes back that the VIN is incorrect and I know it's a correct VIN.
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greglyon

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #12 on: May 30, 2009, 12:40:04 PM »

Get a letter from the used bike buyer of a Harley Dealer (Preferably where you bought your bike) asking him/her to express their opinion regarding the diminished resale value.  Take that to the liability carrier and advise you want that on top of the cost of repairs as well as compensation for the loss of use of your vehicle.  I am not licensed in Texas and laws may be different so you may wish to ask Texas counsel if that's how they do it in the lone star state.  Good luck. 
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NA_Dude

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #13 on: May 30, 2009, 03:00:47 PM »

Thanks for all the input and support. Pisses me off greatly that I am running into as much flac as I am with the insurance company. I know that their job is just that, to attempt to control the loss on their part. I have not signed anything or rejected anything as of yet.

I am glad that we were on the SEUC4 rather than the FXDSE. Both of us might haved ended up in the grill of that Tahoe. Young mom was talking on a cell phone to her husband, with her 4 year old strapped in the back seat.    :soapbox:

I have ventured off into another direction as well. Harley Finance is carrying the note, and requested police report/estimate. In visiting with them, they seemed to be concerned in their investment. My insurance seemed to only be interested if i were filing a claim. (yes I contacted them the day after accident)

I have contacted an PI Attorney, and that is a wash. I googled up "diminished value", and found advocacy groups abound. Going price seems to be 33% of the take home.  :oops:   Got to be a better way. So.......   I will keep this thread alive for a bit, and pass on the experience...

Thanks again....   


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NA_Dude

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Re: Questions on diminished value on Wrecked 09 SEUC
« Reply #14 on: May 30, 2009, 03:04:42 PM »

BTW... talking on a cell phone while driving is still legal in Texas  :soapbox:
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