Busa tip over...whos to blame???

[CouchRocket]

Alright guys Im going to try and make this as short as I can. A couple of weeks back I accidently ran my wifes Mountaineer through the wall of the garage and ended up taking out our bathroom. (yeah i know its a crazy story) Well the insurance company sends out a contractor to repair everything. I call my wife from work to ask how everything was going( theres a silence over the phone). I KNEW what had happened. Well she says they had to MOVE my bike in order to work. My house is on a hill with a sidewalk in front thats at an angle. I would never DARE park my bike there. They told my wife that the WIND had blown it over. My bikes ends up with a scratched stator case upper fairing scratches(the nose) lower fairings scratched, one of my D&D slip ons is scratched and a broken clutch lever! So I am sick and furious. I call the guy up and try and be as civil as possible. He says "give me an estimate". So I go to the stealership and it turns out to total right at $2,300! So I call him back and give him the estimate total and hes like "HOLY COW!" So now hes telling me he dosent feel neglegent. So now Im STILL being civil about the whole ordeal. I am just wondering what all of you would do about this situation. Do you think he is at fault? Should I seek a lawyer? I figure whats the the point in turning it in on my insurance? My deductable is $1,000! I thought this would be as good of place to come as anywhere. I know we have some pretty "legal savy" types here. Thanks in advance....

 

[rubbersidedown]

he's on the hook,no question,thats why he asked for the estimate. If he's a decent contractor,he'll have insurance anyway. He will just have to pay HIS deductible.

RSD

 

[CouchRocket]

Yeah thats what Im talkin' about! Man only at the org would I get a respose in less than 3 minutes! Keep the opinions comin!

 

[TheWheelman]

make him pay, i work for a concrete company, when we f--- someone elses stuff up, we pay for it, or if a job is done "unstisfactory" even if its to spec, we eat the cost, no matter what, you were the customer in this case, and the service provided caused damages to your personal property, contractors are required to carry insurance for stuff like that, the one i work for has over 2 million in coverage for property damage to clients. and all we do is repair driveways, and do acrilyc overlays and stuff like that, its not like we repair houses that have been driven through, or bikes that have been tossed around by idiots, bottom line, make him pay, or find a good lawyer and sue for damages and legal costs of collecting payment.

-WHEELMAN

 

[grabntwist]

All in respective order.

1.Phone call ~ (did that already)

2.Let him know about your lawyer

3.Lawyer

4.If that don't work. Be at his house sitting on his door step eating a sandwich with a disturbed look on you.

5.Baseball bat to the knees.

6.Shoot him in the knees.

7.If the cops haven't gotten there yet, take something that is worth far more than 2,300 bucks. ie.. work truck, jewelry, his wife, you get the idea.

 

[CouchRocket]

All in respective order.

1.Phone call ~ (did that already)

2.Let him know about your lawyer

3.Lawyer

4.If that don't work. Be at his house sitting on his door step eating a sandwich with a disturbed look on you.

5.Baseball bat to the knees.

6.Shoot him in the knees.

7.If the cops haven't gotten there yet, take something that is worth far more than 2,300 bucks. ie.. work truck, jewelry, his wife, you get the idea.

Hahaha....yeah thats been my train of thought here lately but seriously I am trying to play it cool because they are in the middle of the repair process.

 

[JROCK]

IF YOU LIKE THE GUY TELL HIM TO PAY YOUR DEDUCT AND GO THROUGH YOUR INSURANCE CO.

 

[CouchRocket]

IF YOU LIKE THE GUY TELL HIM TO PAY YOUR DEDUCT AND GO THROUGH YOUR INSURANCE CO.

Ive thought about that but my rate will probably sky rocket considering its a busa. Its high enough as it is.

 

[CouchRocket]

I wish I had some pics but I lost my digital camera!

 

[rubbersidedown]

IF YOU LIKE THE GUY TELL HIM TO PAY YOUR DEDUCT AND GO THROUGH YOUR INSURANCE CO.

Ive thought about that but my rate will probably sky rocket considering its a busa. Its high enough as it is.

exactly,and its not your problem,its his.

 

[HT_USMC]

His fault.

If the bike had remained in the garage. No tipover.
If the bike had been placed in a more approriate place outside the garage. No tipover.

Exactly how tiny is your garage (I'm making a point) that the busa would have taken up -so- much space that they -had- to move it? I mean, the busa isn't huge in terms of space taken up in that environment.

 

[Juggler]

All in respective order.

1.Phone call ~ (did that already)

2.Let him know about your lawyer

3.Lawyer

4.If that don't work. Be at his house sitting on his door step eating a sandwich with a disturbed look on you.

5.Baseball bat to the knees.

6.Shoot him in the knees.

7.If the cops haven't gotten there yet, take something that is worth far more than 2,300 bucks. ie.. work truck, jewelry, his wife, you get the idea.

Note to Self: Remember to NEVER, EVER piss off grabntwist.

 

[TIMMYDUCK]

No,
You break it you buy it.
Just got finished dealing Met Life on my wreck.
The value is what I say, not some stinking insurance Co.
He moved it , he pays.
And I would want a new one, he keeps the old.
I have had to relate this story to insurance Co. twice in my life with Busa's already.
" Imagine you where moving the space shuttle from the hanger to the launch pad and you drop it along the way.
Are you still going start it up and blast off or do you need to go back to the hanger and get a new one ?
What was it doing unlocked anyways.
No steering head locked ?
No chain to a ring in the floor ?
No alarm ?
I mean we can just come down and roll your Busa around anytime we like ?

 

[CouchRocket]

His fault.

If the bike had remained in the garage.  No tipover.
If the bike had been placed in a more approriate place outside the garage.  No tipover.

Exactly how tiny is your garage (I'm making a point) that the busa would have taken up -so- much space that they -had- to move it?  I mean, the busa isn't huge in terms of space taken up in that environment.

I have a two car garage. They could have EASILY rolled it down the driveway and parked it on a FLAT surface. I have been riding bikes for like 13 years and I have NEVER seen one blown over by the "wind".

 

[HT_USMC]

What was it doing unlocked anyways.
No steering head locked ?
No chain to a ring in the floor ?
No alarm ?
I mean we can just come down and roll your Busa around anytime we like ?

His wife may have had a key for everything needed to unlock the bike and move it. Point is moot.

Windy, kick not fully engaged, or maybe a dog ran up and peed on it causing it to slip? Doesn't matter.

All that matters is that he moved it to an unsuitable location and it took damage after the fact. If he left it in the middle of the level street it may have faired far better.

 

[HT_USMC]

His fault.

If the bike had remained in the garage. No tipover.
If the bike had been placed in a more approriate place outside the garage. No tipover.

Exactly how tiny is your garage (I'm making a point) that the busa would have taken up -so- much space that they -had- to move it? I mean, the busa isn't huge in terms of space taken up in that environment.

I have a two car garage. They could have EASILY rolled it down the driveway and parked it on a FLAT surface. I have been riding bikes for like 13 years and I have NEVER seen one blown over by the "wind".

And that was the point I was trying to make. A bike in a two car garage parked parallel with the wall takes up next to no space.

 

[CouchRocket]

His fault.


If the bike had been placed in a more approriate place outside the garage.  No tipover.

Exactly how tiny is your garage

I have a two car garage....its kinda tight but they couldhave EASILY rolled it down the driveway and parked it on a flat surface in the cove.

 

[VaBusa]

Completely his fault...and since he asked for an estimate, he's admitted fault in some sense. He can't pick and choose what's considered "his responsibility" based on the fact that he doesn't like the estimate.

I'd be calling him and telling him to either give you an indication of just what he plans to do about the damages, or he'll hear from your lawyer...

And I agree with others...if the wind blew it over or a tree fell on it, it happened AFTER HE moved your bike...

Sorry man, that sucks...

 

[adrenaline junkey]

its his fault similar things have happened with our construction business and the liability insurance is already threw the roof we pay most out of pocket because you cant afford to have to many claims. make him pay

 

[yaesu]

I would have already had my lawyer contact him.
Give me the 2300.00 or it will cost a lot more than that