Crashed the BMW Demo Bike! - K-Bikes.com - Excellence in Motion
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post #1 of 81 (permalink) Old Apr 3rd, 2006, 12:11 am Thread Starter
 
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Unhappy Crashed the BMW Demo Bike!

Hey everyone,

This weekend has been very crappy. I visited the BMW dealership and was interested in the K1200R. After some discussion, the salesman offered I ride the demo bike and test it out myself. I signed the release form, and off I go on the bike.

A tight turn, new tires, and a wet rode made me lowside the bike. I am not injured thank God, just a couple of scratches and a bruise. However, the bike is damaged beyond what you would expect for a lowside.

The dealer says cost of repair is $11.5k, which makes the bike totalled. If you exclude repairs for cosmetic damage, then the cost is lower.

I do not have collision insurance. Both the dealer and I are in a very sticky situation, but we are working together to figure out a solution.

Anyone know what I should do? Have you heard of similar experiences?

Be careful with these demo bikes!
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post #2 of 81 (permalink) Old Apr 3rd, 2006, 3:30 am
hdf
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Where do you live?

Yusuf, it would be very helpful if you provided more details on yourlself in the profile section.

Without knowing what country you live in, or where within that country, it is difficult for anyone to give you much help since your situation probably has a significant legal component to it and laws differ in each country and often within each region of the country.

For example, in Spain you would not have a problem as the demo bike is insured by the dealership - its part of the operating costs of the business (at least that is my understanding).

Post some more information on yourself and you might get better help. Good luck.
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post #3 of 81 (permalink) Old Apr 3rd, 2006, 3:32 am Thread Starter
 
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Answer to your question

Hey Hdf, I'm in Washington, USA. The dealer says they do have insurance, with a $5000 deductible. But their insurance company may go after my insurance company, and if that fails, go after me.
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post #4 of 81 (permalink) Old Apr 3rd, 2006, 7:44 am
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Quote:
Originally Posted by yusuf
Hey Hdf, I'm in Washington, USA. The dealer says they do have insurance, with a $5000 deductible. But their insurance company may go after my insurance company, and if that fails, go after me.
Do you even have any form of motorcycle insurance? We know it is not required in Washington State.

Bruce C
'04 K1200RS Capri Blue(totaled)
2008 Triumph Sprint ST
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post #5 of 81 (permalink) Old Apr 3rd, 2006, 8:33 am
 
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Deal Carefully

NOT A LAWYER-BUT

Deal carefully. Speak carefully. The dealership may have a liability claim against you which your insurance-auto, cycle, home, professional - may or may not cover. Your liability may or may not be clear - demo bike risks and such can fall entirely on the seller or not.

Seek local info from library, internet, your insurance company, etc. Make no promises and tell no lies.
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post #6 of 81 (permalink) Old Apr 3rd, 2006, 9:26 am
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Best money you can spend right now is on a lawyer. Take any insurance papers you may have and go talk to one. In Arizona most are free to 150 bucks for an hour of consultation. Best money you can spend.You cant play the game if you dont know the rules.And if you owe money to dealer or his insurance company,make arrangements to pay it. Dont blow smoke up their ass and honour what ever deal you make. I find it hard to believe the dealer would let you take it for a ride if your or his insurance wouldnt cover it. But then I dont think I would have taken it for a ride if I didnt know it was covered or not, point being, I see both dealer and you at fault. This cant be the first time this has happened and a good, hell even a poor lawyer can guide you. Good luck!
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post #7 of 81 (permalink) Old Apr 3rd, 2006, 9:35 am
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You must get a lawyer... I can see several areas where the dealer was negligent. Wet roads and new tires come too mind.. maybe the dealer shouldn't have let you test ride the bike under those conditions. But get a lawyer.
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post #8 of 81 (permalink) Old Apr 3rd, 2006, 1:55 pm
 
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Join the "Pre-Paid Legal Casualty" program. It'll cost you less than $20/month and they will put you in contact with a local attorney in your area who will a ton of work for you with NO charge other than your monthly membership fee. This includes advice and a letters, but they won't represent you in court (they'll refer you to another attorney who will discount his rates to you). You can contact their national office at (800) 654-7757.

Dude, you need an attorney in this mess; don't go try representing yourself or the bottom-dwelling insurance attorneys that represent the dealers insurance company are going to eat you alive.
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post #9 of 81 (permalink) Old Apr 3rd, 2006, 1:59 pm
 
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P.S. You might also want to let all your insurance companies know, as well, particularly your vehicle insurance. If they feel the dealer's insurance company might come after them, your insurance attorneys will have to include you in representing their own company.

P.P.S. Keep your mouth shut and don't talk to anyone at the dealership or their insurance company, etc. Anything you say can/will be used against you.
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post #10 of 81 (permalink) Old Apr 3rd, 2006, 2:21 pm Thread Starter
 
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Thanks

Thanks a lot for your answers. I will heed your advice. I do have insurance but not collision insurance. Will let you know the final outcome. Please let me know if there is anything else I should do/know.

Thanks!
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