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Need advice on bike issue/mishap

 
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Aikoaiko
Mad Brick Rider


Joined: 24 Nov 2005
Posts: 89
Location: Saint Petersburg, Florida, USA

PostPosted: Mon Nov 19, 2007 7:06 pm    Post subject: Need advice on bike issue/mishap Reply with quote

Hello all...Im in the Tampa Bay, Florida region. My clutch started slipping while I was riding my bike. So I parked it, and got a motorcycle tow company to tow my bike to the shop.
The tow guy, a definate harley-dude, had a pickup truck with a slant-type flatbed that he lowered... it then had a wheel boot for the front tire to nest in... It was a nice setup.. so I thought I was in good hands...
When the towtruck guy delivered my K1100RS to the repair shop, he got the bike down off the truck and put it on its kickstand in the parking lot...
He then stood on the left of the bike and tried to stand it up and move it.... He pushed too far, and the bike fell over to the right and smashed into a parked car.
My bikes windshield broke, actually cracked... its all fiberglass... my mirrow came off, but I think its ok... basically he cracked the windfairing/windshield.
He said he had insurance and that the repair shop should bill him for the damage/repair.
Today, I called the shop to check on my bike. The shop owner told me that the Towtruck guy stopped by this weekend and picked up my fairing/windscreen and was going to have it fixxed and painted. He said this was becasue a new part for the bike to replace the damaged/broke one, is $1100 bucks.
This was all done without my approval or knowledge.
Im kinda steamed right now... and Im looking to go down there tomorrow morning and try to straighten this all out...
I want a new windscreen.... I dont care if its $2000, thats what insurance is for, right?
Im just looking for any pointers, advice, words of wisdom, etc... from the collective group....In matters of how to handle this situation without loosing my cool.....

thanks in advance
Bill in Florida
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kbmwrs
Flying Brick Rider


Joined: 08 Apr 2003
Posts: 599
Location: Morgan Hill, CA

PostPosted: Mon Nov 19, 2007 7:16 pm    Post subject: Reply with quote

Give 'me hell for doing such repairs without your OK.

But realize to make a Insurance claim the insurance company will check into the value of your bike and the repair costs. With this info they may just offer it as totalled and you may not like that.
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Mike Gullery
"Beemerhead"
'06 K1200GT
KOG#43
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owrstrich
Flying Brick Rider


Joined: 29 Oct 2006
Posts: 2566
Location: CheezConsin

PostPosted: Mon Nov 19, 2007 7:29 pm    Post subject: Reply with quote

that makes me sick... i know it was a mistake... an accident... and it seems like the driver is trying to do the right thing... but it still makes me sick...

i would ask for a meeting of all involved to discuss what has happened and how you would like to proceed... if they agree to give you what you want i would set a deadline and put them on the clock...

if they dont agree to give you what you want i would call the cops for an accident report and start all over again like it just happened... which includes...

take photos... call cops for accident report... get the owner of the parked car out there and make sure you all have a complete understanding of the situation... i would call my insurance guy to see if they want to send some one out... not to file a claim but to let the other parties know you are serious... make driver wait until all info is obtained and the cop files report...

we use an accident reporting form at work... i drive everyday and know these forms are used so you dont forget anything... adrenaline is flowing after an accident... its easy to forget stuff...

my gf backed our truck into a parked care last may... i offered they guy cash as not to turn it in... he freaked and thought i was trying to get over on him... i was trying to do the right thing...

so we called the cops and did the insurance whole deal for $500 of damage... i offered him a grand just to keep the company out of it... so you never know their motives...

i like to keep my insurance company out of it unless absolutely necessary to get what i want...

keep us informed...

owrstrich
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Last edited by owrstrich on Mon Nov 19, 2007 7:34 pm; edited 1 time in total
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Ted
Site Admin


Joined: 03 Apr 2003
Posts: 1117
Location: Further

PostPosted: Mon Nov 19, 2007 7:30 pm    Post subject: Reply with quote

You have a right to new or undamaged used parts - to be put in as good a position as before the accident. Contact his insurance company.
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Ted
KOG#1
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rydor
Flying Brick Rider


Joined: 16 Nov 2006
Posts: 1304
Location: Southern Illinois, U.S.A.

PostPosted: Mon Nov 19, 2007 8:13 pm    Post subject: Reply with quote

He was wrong to proceed with ANYTHING without your approval...BUT... theres a good chance the insurance company will total your bike out rather than buy you a new upper fairing and repaint.
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will3hawks
Big Brick Rider


Joined: 24 Oct 2007
Posts: 59
Location: Scranton, Pa.

PostPosted: Mon Nov 19, 2007 10:53 pm    Post subject: Call a lawyer Reply with quote

If you have a friend who is an attorney, have him write a letter (on corporate letterhead) telling them what you want and that if they cannot come to terms with you that he will see them in court. This will most probably trigger a rapid Attitude Adjustment. You may well be able to get what you want with just a letter from the lawyer.

Best of luck

Will
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The truth is 100 miles east of Memphis
BMWMOA# 70125
94 K 1100RS (Speedwagon)
"Even if I should die on the road, this would be the will of heaven"
Matsuo Basho, 1644-1694
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