Feedback please

[scootergirl]

Scenario:

I buy a brand new shiny bike. Friend (no names at this point) loads said bike and delivers it to my home. Unloading the bike it is damaged while unloading. Four scratches and a dent in the gas tank.

Clearly an accident....however.......if you break it you fix it????????

Thoughts?

 

[MLSDUKE1]

Where you there when it was loaded and unloaded? Was it covered up? And I'd honestly say unless you think they neglected to take care of it, no. Now, if you think it IS their fault, by all means, go get yo money

 

[kromdom]

Was delivery part of the terms and conditions of the sale? If YES, then you MAY have a case.

Or was friend doing you a favor (or you asked friend to do you a favor)? Then, it was an accident and will be a good test of your "friendship"

 

[1busa]

Was this "friend" being a friend and just doing you a favor or is it just somebody you know who you paid $$$ to do a service 4 you. Also who strapped it in and loaded and who did the unloading?

All I'm saying is if it was me and I needed some help hauling my bike and 1 of my friends offered to haul it he's doing me a favor and nobody is perfect so accidents may occur. Now if he just strapped my bike in with 1 tie down and took off down the street like a bat out of hell with reckless abandonment is another story. But people drop bikes coming on and off trailers and ramps all the time which is why I make sure to have a hand in every step. That way if an accident like that was to occur I could only be mad @ myself.

You said it was a brand new bike so I take you have brand new insurance on it?? If so what's the issue? It was an accident file a claim and get your bike fixed while maintaining a friendship

 

[semi]

hey scootergirl! it's been a while since you've been around, hope the rest of your life is going well

this is really easy, which is worth more to you? the friend or the bike? i have true friends that could accidentally burn down my house and i wouldn't say a word while i would throw the other 7 billion people on the face of the planet off my property if they spilled water on my carpet

if the friend had taken the bike on a ride, they would have assumed full responsibility for it and should return it in the same shape as when they got on it...but like others have said, if it was a friend doing you a favor, they did everything reasonable within their power to have a successful delivery, and an accident happened then it is time to grit your teeth and call your insurance company...sorry this happened to your brand new bike!!

 

[VaBusa]

Wow, that's rough

Well, any friend would surely at least extend the offer to fix it, I would think. I know I would feel horrible if I'd done the damage to a friend's property, and I'd try to make things right.

My ex accidentally ran our golf cart in to our dear friends' garage door, huge dent, and we paid to fix it immediately...they told us not to, but the reality is that things like that can turn friendships sour and no one wants that. We messed it up, we fixed it...

Hopefully your friend will do the same so there's no wedge between you...

Sorry to hear about the bike

via Samsung Galaxy SIII

 

[VIPER]

who loaded said bike you or them? did you pay them or was it a favor? was it on the trailer when said damage occurred? was it being unloaded did you help unload it? lotsa factors. I would say if you helped load it and unload it and it was truly a friend, then eat it. If it was an acquaintance and they did all the work its there responsibility until it is in your possession being kick stand down and in your driveway.

 

[scootergirl]

I did not pay to have it delivered. It was done voluntarily. It happened in the back of his truck. I did not participate in the loading or unloading. Did I answer all your questions?

 

[VaBusa]

Yeah, lots of factors indeed...been going through all of the times my ex and I had to pony up to pay for things he wrecked All accidents, but we offered to fix it to keep the friendships intact and we did indeed make things right, every single time.

My motto is that I never offer to help someone with something if I can't fix it if/when I mess it up. Same goes for riding others' rides. I've been handed the keys to turbo Busas and been told "Come on, take it for a spin!" but I respectfully decline out of respect for the friend. If I mess up their baby, I know the bad feelings that can ensue and I don't want that between us. If I opt to take that risk, I also make damn sure I'm prepared to offer to repair/replace whatever I've messed up. The only offers I've ever accepted were to drive my Uncle's Roush and Saleen Mustangs, simply because I'm such a Mustang fanatic, but I won't lie, I babied them both and I was a nervous wreck. He wanted to me get on 'em and when I came back, he was asking me tons of questions assuming I'd really gotten on 'em both. I just smiled and said "oh yeah" but the sad reality was I respected him far too much to even push the cars like I would have had they been my own

By the same token, I am the first person to hand my keys over to good friends with full trust and *if* they mess something up, I'd never take a penny from them. However, I also know those friends would certainly offer to make good on what was messed up, so I guess that's the real question here scootergirl - was that offer made? If it was, then it comes down to the level of friendship I suppose. I know I'd make things right if I'd messed something up, but I also know if someone messed my stuff up, I'd refuse the $ *if* they were sincere and sorry for what they did and offered to fix it...if they walked away as if it wasn't their problem, well, then yeah, they should fix it...

:2cents:

 

[jamestpc]

yeah tough call. if a favour, i'd suck it up and fix it myself - i would comment, "ah, i'm sure it'll only cost a couple hundred to fix" and hope the friend steps up.

That's the thign with favours...

if you paid the person, that's a dif story.

TBH, it's not worth you making it weird over some dollars if they're a good friend. money between friends can be an awkward topic - i choose to stay away from it. they're my friends for a reason, so money won't be an issue, even if i think they should step up.

 

[dadofthree]

Only you know the situation. Is fixing the bike more important than the friend ???

 

[outlawbusa]

As others have said, a favor is a favor...a job is a job.

If someone was doing me a favor and did not neglect the "job" at hand then it would be hard to ask them for money.

I have lots of hauling capabilities here and do not mind doing favors for people. Some people insist on strapping down their own bikes, etc. I never charge any fees because it is a friendly favor or a haul to a track.

If something were to happen on a haul and a bike tipped or was damaged I would certainly feel responsible but at the same time my insurance does not cover that bike, the bikes insurance covers it.

If I can do something to help fix it I will. If it were damaged to an extent then the bike owner's insurance would need to take over for claim repairs as most "friendly" haulers insurance does not cover the load unless they haul with DOT numbers or special circumstances.

Basically what would you do if it fell over in the garage...How would it be covered? Of course I am speaking on a non neglect situation and giving you a perspective of someone attempting to do a favor and thinking they are making it easier on you.

There are many circumstances, situations, and ways of looking at this incident and who is at fault and why...but it boils down to this (as others have said before) what is worth more. If you push the point then 1) you are probably going to lose that friend and may have already lost any future help and 2) you probably would never get anything except for the short satisfaction that you got to tell your friend how you feel.

Just one way of looking at it.

PS: One friend did insist on strapping his bike down in my trailer a few years ago no matter how much I wanted to help. My bike was beside his bike. His fell over into mine (a couple bikes ago) and damaged the fairing. My hauler, my straps, his bad strapping...how would you look at that? I passed it off as "sh-- happens" and we had fun once we got there...nothing else was ever said of it.

 

[outlawbusa]

Clearly an accident....however.......if you break it you fix it????????

Of course my thoughts on that change a bit once money changes hands. The load then becomes a paid job and the hauler "should" have more responsibility and insurance, but of course this still may not happen but you would have more to stand on in if it became a legal case. Even though it probably should not boil down to it, the case (even a judge) would probably put it to the insurance company that currently is covering the load/bike if the hauler is not covered. It would then be up to the insurance company to sue the other party if they felt the coverage should be elsewhere.

Just some thoughts and opinions :agree:

 

[scootergirl]

Of course my thoughts on that change a bit once money changes hands. The load then becomes a paid job and the hauler "should" have more responsibility and insurance, but of course this still may not happen but you would have more to stand on in if it became a legal case. Even though it probably should not boil down to it, the case (even a judge) would probably put it to the insurance company that currently is covering the load/bike if the hauler is not covered. It would then be up to the insurance company to sue the other party if they felt the coverage should be elsewhere.

Just some thoughts and opinions :agree:

I'm not interested in suing anyone. If I damaged someone's property I would certainly fix it. I can assure you if I damaged his bike regardless of circumstances he would expect me to repair it.

 

[VaBusa]

So, scootergirl, the question remains - when the damage was done, did he ever offer to fix it, or did he just assume it's your problem because he was doing you a favor to begin with? I think that says a lot about a person. If he offered and was sincere, then I would lean toward maybe taking the loss yourself and fixing it, though I'm not a fan of you having to pin this one on insurance because that can lead to your costs going up. If, however, he was not cool about what happened and just passed it off as your problem and didn't seem to care too much, well, then that's not a very good friend and I think he should pony up. Scratches are one thing, but a dent in the tank? That's not a cheap fix...

What kind of bike is it? Did you get a new Busa??

 

[scootergirl]

So, scootergirl, the question remains - when the damage was done, did he ever offer to fix it, or did he just assume it's your problem because he was doing you a favor to begin with? I think that says a lot about a person. If he offered and was sincere, then I would lean toward maybe taking the loss yourself and fixing it, though I'm not a fan of you having to pin this one on insurance because that can lead to your costs going up. If, however, he was not cool about what happened and just passed it off as your problem and didn't seem to care too much, well, then that's not a very good friend and I think he should pony up. Scratches are one thing, but a dent in the tank? That's not a cheap fix...

What kind of bike is it? Did you get a new Busa??

He did not offer. He felt bad as it was clearly an accident but has not offered to fix it nor will he even talk to me about it. I am a very reasonable person and would be happy to discuss options, however stickers are not one of them.

I bought a new ZX1000.

 

[VaBusa]

He did not offer. He felt bad as it was clearly an accident but has not offered to fix it nor will he even talk to me about it. I am a very reasonable person and would be happy to discuss options, however stickers are not one of them.

I bought a new ZX1000.

Yeah, well, IMHO, the NOT offering kind of speaks volumes. Any good friend would offer. In fact, they'd insist and perhaps in turn you'd say "No, no, you were helping, it was an accident..." but, it stinks no matter how you look at it. Shoot, brand new bike, who wants to cover stuff with stickers?? Stickers won't cover a dent in the tank either. I'm sorry

 

[outlawbusa]

SG can you fill us in a little more on what actually happened? It sounds like it was actually damaged while unloading. Did it fall? Dropped? Roll off the ramp? Was it just him? Did he have help?

I know my thoughts went a little further than your specific situation, but my fingers had a little caffeine in them and would not stop typing...

I think Vabs has made a good point, and the bottom line remains how much do you value your friendship...the rest of the questions are pretty much so we can fill in some of the the blanks.

 

[semi]

I can assure you if I damaged his bike regardless of circumstances he would expect me to repair it.

then i would expect the same from him...if he would expect you to fix his if something happened and yet not even offer if the situation was reversed, he obviously does not value your friendship...i asked earlier if the friendship or the bike means more and it seems that his money means more to him than his friendship with you...sounds like this is really bothering you, i know it stinks when you realize that someone means more to you than you do to them!

 

[jellyrug]

i have true friends that could accidentally burn down my house and i wouldn't say a word while i would throw the other 7 billion people on the face of the planet off my property if they spilled water on my carpet

Remind me not to spill water on your carpet while putting out a fire one of your true friends started.

On the original subject, regardless of the circumstances if I damaged something not belonging to me, I will always make good.