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I had my '01 Lowrider towed in to the local HD Dealer utilizing my road side assistance through HOG. The bike will not start via the start switch, but runs fine when push started. I have a warranty good through October of '04. This was Monday morning. Called Tuesday evening to check status and Service Mgr. told me tech was out taking it for a test drive, and would call me back. He didn't call back on Tuesday. We played phone tag on Wednesday, and I finally got hold of the Service Mgr. Wednesday evening. He informed me that tech had laid my bike down on it's right side while test driving. Apparently bike stalled..he attempted to start via switch..failed to start...atemmpted to push start...and lost control of the bike. Damage is well over $1500.00. My 2 week new Bassani pipes are scratched, as well as front master cylinder, mirror, mirror stalk, footpeg, forward control, brake pedal, clutch lever...etc. All in all they need to replace 8 chromed billet HD pieces plus the Bassani pipes. Everyone at dealer says they are sorry, and I realize s**t happens. They informed me they will order and replace the parts at NO COST TO ME!! I let them know right quick that was a gimmee, and to not feel especially proud of offering that up as a solution. This dealer has recently recieved new ownership, and almost all the staff including General Mgr., Service Mgr., have been fired and replaced. New Mgrs. have been on board less than a month. I had a heart to heart with the new General Mgr. and told him I was not too happy, and had problems with previous Service Mgr. I suggested that they make this experience up to me in some fashion, since I had continued to be a loyal customer and sent them bussiness. He asked for a suggestion. I threw out a free 10,000 mile maintenance. He winced, informed me that runs about $450.00, and stated they never GIVE away service. I suggested he talk to the new owner and get his input on guidelines and get back with me. The question I have is....what if anything should I get for my trouble?? Is it reasonable to think that just putting the bike back together is sufficient? I don't think so!! I am inconvenienced and must drive a scratched up bkie until they get parts ordered and in, take bike in for parts replacement, pick up bike upon completion, etc. I'm pissed, and looking for suggestions. I DO realize that everyone makes mistakes and s**t happens....but c'mon...thow me a bone!
 

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At the VERY Least, a loaner bike while you'rs is down for repair..
 

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Well, I don't know what else, but I would think a bike at least near the level of yours (or better/or your choice) to use while yours is being taken care of would be a given as well. I know they (at least where I go) are really hard up on dealing with the service stuff. Maybe because of the different departments or whatever. Probably also some because the mechanics aren't going to give them any off, but other stuff they get for less than the value to you. But they can do, or at least are more willing to do gift cards, give stuff, etc. Or.........maybe just to be really decent, along with everything else, he could let you throw one of the females a bone , and provide a little stress relief ;) :D !
 

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They should definitely compensate you in some way. I think your request was within reason. Your client (beloved hog) has gone through a traumatic experience! And if it has to go down, at least it should be with YOU on it! (a figure of speech). Don't settle for less than what you asked, either in parts or service. :mad:
 

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Get a loaner bike now like Crazy Larry said.

Then go to the dealer and Inspect the bike yourself, make sure they didn't miss anything. Personally, I would take pictures as a permanent record. Also, get an itemized receipt for the work done.

Now 'technically' you are suppose to advise your insurance company whenever your vehicle is involved in "any" type of accident. That may be a little extreme here, but most insurance policies do require that. Why? What if the guy who dumped your bike was injured (or becomes injured)? He gets a lawyer who goes after the dealer, workmans-comp and you if they could find any possible way to do it! Sounds crazy, but you never know what that fine print says when you sign that Service Paperwork! But be sure that the dealer is protecting their ass before yours!

Also, if you even mention insurance companies when talking with the dealer; I bet they would be much more willing to do free things for you. Because if you report this to your company, then they will have to report it to theirs - which I bet they might not do if they can avoid it! But the same thing applies, they are probably suppose to!
 

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RiverRat said:
Then go to the dealer and Inspect the bike yourself, make sure they didn't miss anything. Personally, I would take pictures as a permanent record. Also, get an itemized receipt for the work done.
ABSOLUTELY go and inspect the bike yourself!! Don't take the dealer's word for what was damaged. If you do, and you find something later, you don't have much recourse to go back to them. And take pictures and document everything.
 

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You should at least get a T-shirt out of the deal.




Sorry. Don't hit me. I know it's not a joking matter but I couldn't resist. I agree with the others. A loaner while you wait for them to make yours good as new again wouldn't be unreasonable. If they won't go for the free service, maybe something like 30% off parts for as long as you own your bike, or something. SOMETHING would seem to be in order.

Ditto on the insurance thing, too. Cover thyself!
 

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OK, first, I wouldn't report this to your insurance because your liability in this instance is ZILCH! Absolutely nothing there to report - the bike was under the control and custody of the dealer at the time and the dealer had been informed of the issue at the time it was taken in. So, technically, you have nothing to report to your insurance company and I wouldn't recommend it because it will cause your rates to increase whether the insurance company has to pay or not.

Second, the dealer DOES have insurance to cover his ass in this situation, so his "generous" offer to fix it all for free is (a) fully expected and required under the law anyway in most jurisdictions, and (b) probably going to be paid for by his insurance if he chooses to file the claim anyway.

So, let's do a little dealer math here - his insurance could cover all of the damage caused by his bike and he may be out a little on labor for fixing everything - so far he's in pretty good shape. Now, the next question is does he owe you anything else? Technically, no. The extent of his liability for his negligence is to put you back into as good a position as if the dump had never happened. If a loaner vehicle is not part of the regular service provided, there's no obligation to provide one in this instance. Does it hurt to ask? Heck no!

That all being said, keep in mind the old greasy wheel gets the grease adage. If it were me, I'd ask nicely the first time and get progressively more adamant (read as louder) in my requests, preferably within earshot of other customers if my charming personality was not getting good results the first couple of times.

Good luck!
 

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If you want some more slack in negotiating... tell them you no longer feel comfortable having them perform the repairs, and to report it to their insurance company so you can have the repairs performed elsewhere at their cost :D
 

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If i were the dealer I'd loan him a Screamin' Eagle model. Get that Hp bug planted, and ensure future biz :D

he should at least get a t-shirt or a bj
 

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I agree with RiverRat, inspect the bike, perhaps mention that someone suggested that you report it to your insurance company. Although it may be right to push for a free service or something I believe the reality of the situation is that they are not going to do it. In their minds, your bike is already costing them money...... I know that is a BS way of looking at things but they are in the business of taking money not giving it away.

I would think you would be on firm ground with asking for a bike to use during the time that they have yours. If they say no to that then go to the insurance company and if your policy has a rental agreement go after it. I don't have my extended warrantee with me but I would think you may be able to make a claim against that almost like trip inturrption?
 

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In any case such as this, liability is directly related to loss.

In other words, were you to sue, what are your losses? From what I have read, nothing in that they have agreed to return the bike in like or better condition. ( The fact that they are replacing the parts with new implies better condition in this case.)

You don't have loss of use in that you mention you are riding with scratches while they order the parts.

Ask for a gift certificate, maybe $100 to be used anywhere in their shop. Seeing as how they mark everything up a gazzillion percent that should not hurt um too bad.
 

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I get what your saying Jimmy...
But technically, the resell value of this bike is lower now that the bike has been in an accident an laid down.
I know its not being reported to the insurance company so it will not show up on the VIN, but under the law, during a sell you must full disclosure and the past of the bike can be factor in to the resell value.
I have never tried to sell a used bike, I just know while I was searching for a new bike the ones which the owners claimed had never been down where priced higher then the ones that came out clean and said there had.
 

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TexasFatBoy said:
Did you just use "good" and "legal personnel" in the same sentence? Man, gonna ruin my rep! :D

Hey not to worry. Just send 5150 a bill and your rep will be secure. LOL
 

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Zuhaib said:
I get what your saying Jimmy...
But technically, the resell value of this bike is lower now that the bike has been in an accident an laid down.
I know its not being reported to the insurance company so it will not show up on the VIN, but under the law, during a sell you must full disclosure and the past of the bike can be factor in to the resell value.
I have never tried to sell a used bike, I just know while I was searching for a new bike the ones which the owners claimed had never been down where priced higher then the ones that came out clean and said there had.

When I sold my last one, no such disclosure was required.

I know of no law, at leastwise here in Texas, that requires such a disclosure.
 

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TexasFatBoy said:
OK, first, I wouldn't report this to your insurance because your liability in this instance is ZILCH!
Many insurance policies do state that any involvment of the insured vechicle in any accident needs to be reported. Now many people don't do that, and that's probably not necessary in this case either. I'm just saying that's usually 'suppose' to happen.

But I can understand why the insurance company may do this; because there could indeed be a unplanned liability that they are conacted on. Or say they are insuraning you on a new 04 bike and this happens. They have a vested intrested in making sure the bike is 100% repaired. Otherwise, they could end up paying for some hidden damage later on.

If this was my bike, I would make sure at least it was reported to their insurance company. Otherwise, what if the bike is not fixed right? You are stuck! No Police report? No Insurance report? You have nothing, technically it never happened.
 

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Further response

The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars.

Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff.

Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals.

Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide.

The Buyers Guide must tell you:

whether the vehicle is being sold "as is" or with a warranty;
what percentage of the repair costs a dealer will pay under the warranty;
that spoken promises are difficult to enforce;
to get all promises in writing;
to keep the Buyers Guide for reference after the sale;
the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
to ask to have the car inspected by an independent mechanic before you buy.
When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide must reflect any negotiated changes in warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions.

For example, if the Buyers Guide says the used car comes with a warranty and the contract says the car is sold "as is", the dealer must give you the warranty described in the Guide.

As Is - No Warranty
When the dealer offers a used car "as is," the box next to the "As Is - No Warranty" disclosure on the Buyers Guide must be checked. If the box is checked but the dealer promises to repair the vehicle or cancel the sale if you're not satisfied, make sure the promise is written on the Buyers Guide.

Otherwise, you may have a hard time getting the dealer to make good on his word. Some states, including Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Jersey, New York, Rhode Island, Vermont, West Virginia and the District of Columbia, don't allow "as is" sales for many used vehicles.

Three states - Louisiana, New Hampshire, and Washington - require different disclosures than those on the Buyers Guide. If the dealer fails to provide proper state disclosures, the used car sale is not "as is." To find out what disclosures are required for "as is" sales in your state, contact your state Attorney General.

Implied Warranties
State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties - unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.

Warranty of Merchantability
The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a used car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a used car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale.

A problem that occurs after the used car sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.
 
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