Legal advise





bigpig13

Registered
Back in March of 2002 I bought a new Triumph Daytona. After riding the bike for a couple of weeks, I thought that the brakes felt a little weird, ( grabby). I talked tothe dealership and they said that they could not find anything wrong.
In May I was coming home from work and I got into an accident. I advise the Police Officer taking the report that I was traveling at about 35mph. I was slowing down to make a right turn. As I slowed it felt like the rear wheel locked up. At this time I lost control of the bike and dumped it. The bike ended up being totalled. Some road rash no serious injury, Thank God! I figured maybe it ws an error on my part or I hit the rear brake too hard, not like me, but something happened. After going through the ringer with the insurance company, I got the full value of the bike minus my deductible. Needless to say I was leaving for a cruise the next day which was miserable because I bruised my Knees pretty bad and could barely walk for about 2 weeks. The bike went to the Motorcycle shop and off to a salvage yard.

Just recently I was looking on the computer for the value of a rear seat cowling that I had for the Triumph. When I checked the search engine for a web site, I found a recall.
The recall is for 4 Triumph bikes, one which was the Daytona (my bike). The recall states that on certain bikes, the rear wheel needle roller bearings can deteriorate and seize, causing the rear wheel to lockup. It goes on to say that this can cause a loss of control of the bike. With this info I went to the shop where I bought the bike and asked the sales person. He became defensive with me and said that if my bike was part of the recall I would have been notified by mail. I was not. I then went and spoke with the service guy who checked the VIN # from the bike and said that mine would have fell into the recall. I was not notified because when the shop took the bike, they contacted triumph and advised them that I was no longer the owner of the bike. The service person said that he did not think this was the problem, because the bike only had about 1500 miles on it.

I am not a bike mechanic so I dont know. My feeling is that if that bearing was not checked, how can it be excluded from possibly contributing to the accident? I am not putting fault on the dealership because th recall came out 4 months after I totalled the bike.
I dont know what my next step should be. Do I look to talk with an attorney? If so what type of attorney? Or do I just do nothing? Sorry this post was so long. I wanted to put all the info.
Thanks in Advance
I am a Busa Owner now!!!!!!!!
 

cache

Banned
I can recommend you to an attorney, but it will cost you 15%.... HAHHA.. just kidding.....

The only way you have something to gain, is if the parts are still available to be inspected. Upon inspection if they look to have failed, then you may have a chance to get some pain and suffering kickback, and whatever money lost, probly the deductible. Probly won't be worth it. Look in your local yellow pages for attorneys, injury and death. Ya know, "Ambulance chasers".
 

dezzy7

Registered
I'ld recommend an attorney, of course the dealership isn't gonna want to take responsibility knowing they are going to be faced with a lawsuit. But if the bike was recalled and the dealership failed to notify you, any good attorney should be able to get you enough to get a BUSA... There is always a bright side.

I'm glad you are ok
 

jwcfbd

Administrator
Registered
I'm glad that you are ok.  Forgive me if I wrong, Dezzy but I think that the recalls come from the manufacturer not the dealer.  The dealer shouldn't be able to be held liable unless they did the recall wrong or said that they did it but they didn't.  One thing you might want to do is call your Insurance Co. and tell them you found out about the recall and see what they say.
 




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