Motorcycle In Accident While In Possession Of Dealer

[Lizzzg1109]

I would appreciate some advice on how to proceed with this issue.

A three week old 2014 motorcycle was in need of warranty work and a 1000 mile service. Due to the issue, the dealer said not to ride the bike to them and they would come to a home to pick up the motorcycle. After the work was completed at the dealership, an employee of the dealership was test riding the bike. While on this test ride, someone hit the employee head on. The employee is now in the hospital - the extent of the injuries are unknown.

What liability does the motorcycle owner hold? What liability does the dealership hold?

The dealership has informed the owner that this is between the owner and the person who hit their employee. Shouldn't a motorcycle owner have an expectation to receive a bike back after service/repairs in the same or better condition than when the dealer took possession?

 

[Betty3]

Notify the ins. company you (or whoever is the owner) have motorcycle ins. with. They should be able to help.

 

[army judge]

The motorcycle owner has no liability.

The dealership is entirely liable, assuming the employee was at fault.

If you're the owner, seek advice of your insurer.

You have nothing to worry about, assuming your account of the events is as stated.

 

[mightymoose]

I sense a homework question...

 

[Lizzzg1109]

I would appreciate some advice on how to proceed with this issue.

A three week old 2014 motorcycle was in need of warranty work and a 1000 mile service. Due to the issue, the dealer said not to ride the bike to them and they would come to a home to pick up the motorcycle. After the work was completed at the dealership, an employee of the dealership was test riding the bike. While on this test ride, someone hit the employee head on. The employee is now in the hospital - the extent of the injuries are unknown.

What liability does the motorcycle owner hold? What liability does the dealership hold?

The dealership has informed the owner that this is between the owner and the person who hit their employee. Shouldn't a motorcycle owner have an expectation to receive a bike back after service/repairs in the same or better condition than when the dealer took possession?

Another concern that is being faced is the depreciation of the motorcycle. The owner does not want to ride a motorcycle that has had substantial front end damage - even after it has been repaired. Pictures have been provided and it appears the entire front end needs to be replaced along with other areas of the bike. Of course, the value of the bike will be substantially less after the repair and far more difficult to sell. The damage history would be a huge red flag to any potential buyers or to trade the bike. No evaluation has been provided of the cost and extent of the damage yet. Can the owner pursue any legal action? The owners wants to come out "whole". He was 50 miles away at the time of the accident... why should this cost him several thousand dollars?

The insurance company is waiting for a copy of the police report. No one has determined who is responsible for the repair. Is the bike itself what is insured - regardless of the rider, or is the person riding it responsible, or the driver who hit him?

 

[Betty3]

You need to work with your ins. co. & ask them your questions.