Damage due to repair

[Lucumon]

Hey guys,

I have been a long time lurker but finally signed up because I felt that you guys could provide good advice.  I am in a predicament that I need help on.

Last September, my bike was backed into in a parking lot in Northern NJ and the culprit was nowhere to be found.  Riders Insurance took forever to fix the bike (90% damage!) where the crank case had to be repaired.  I picked up the bike in November and stored it for the winter.

I moved to Virginia at the end of the year and have put 600 miles on her since.  Last week, the bike wouldn’t start and I took it to the Northern VA dealer.  They said that the stator assembly was bad because it was making contact with the flywheel, some of the ball bearings are missing and could be in the engine, the crankcase could have been improperly shimmed, and Ducati refuses to repair under warranty due to the previous repairs.
Riders said they are not liable for anything since they paid out what the New Jersey shop said was the damage.  I just emailed the New Jersey shop the damage.

I am distraught:  I am missing prime riding season, the fiance is unhappy because she wants a ride, and I feel that I might get jerked around.  Thoughts?  What should I do?

Thank you in advance!

[Cloner]

I hate to say it, but if you know a good lawyer......

[Bladecutter]

I hate to ask, but why didn't you start the bike when it was given back to you to make sure it worked properly?
You would have been able to get the issues with it identified and resolved back in November.

At this point, you are going to need someone to help you push the insurance company and the shop who worked on your bike to make things right.
The mileage on the bike and on the shop's receipts saying what the mileage was when it was released to you and what it currently is should help you prove your point that the bike hasn't been used since they gave it to you.

BC.

[Lucumon]

Bladecutter,

I should have specified, but I put 600 miles on it until it broke down.  I will edit the description to call that out.

[Triple J]

Sounds to me like the shop that did the repair is liable, not Rider Insurance. It isn't their fault if the shop did a bad repair, unless they made you take it there.

Was the last shop certified to do Ducati repairs? I'd start directly with them first, which probably won't work, but they should be given the chance. If that doesn't work then I'd see if the new shop will write up their findings and try to get DNA involved (if the previous shop was certified but screwed it up). If DNA won't do anything, then I'd take the current shops recommendations, get a lawyer, and contact the previous shop...maybe do small claims instead depending on the cost of the fix.

Unless the previous shop agrees to do the fix I'm guessing you're going to have to pay for the fix (and investigative work into the failure at the same time), then work on getting your money back from the shop that did the original repair.

[Howie]

I'm really shocked they fixed a bike with damage at 90% of value.  Here in NY it seems 78% is the number for total loss.

Anyway, quoted from your post,

could have been

is problematic.  My guess is you will have to pay

[Lucumon]

Quick update for those of you that posted:

I sent the bike up to the shop in NJ and they are claiming that this was a warranty issue; the bearings went bad.  The service manager said he would get back to me on what they would do about the diagnostics and the battery that was replaced in the VA facility.

So... perhaps this will have a less than desirable, but better than worst case ending.

[duccarlos]

The NJ shop seems to be doing right by you.

[Lucumon]

Some further updates:

1. Bike still at the dealer... they said they were doing some extensive testing and the engine was making a funny sound.  This past Friday they claimed it would be less than 2 weeks until completion.... which they have said before. 

2. I called Ducati NA to see what their view on a replacement is due to the warranty... and they said the NJ shop hadnt told them about his.   

3. The NJ shop offered to ship it back to me in VA at their cost. 

In all, I suspect the shop is trying to take care of their mistake...

So, here is a question for the gurus:  How reliable should I expect the vehicle to be after this work?

[seevtsaab]

Maybe the NJ shop would be willing to ride it down to VA for you, you can drive them back to NJ.

[Raux]

i would sell it after

[Lucumon]

Well, the saga finally concluded yesterday.  I think.

The shop called and said they found issues with the clutch and other areas... so the shop owner proposed that we trade the vehicle in for the floor model.  So, for the cost of $0.10 a mile, tags, and sales tax, I received a different VIN and fewer miles.  The shop is transferring the termi exhaust and 14T front sprocket, and delivering the bike some 220 miles for free.

All in all a positive conclusion to what could have left a lot of bad tastes....

I take delivery of the new one Friday

[duccarlos]

  I think

[SpikeC]

 That sounds like a great resolution to me!

[oldndumb]

If it were me, I'd rather inspect the replacement bike at the shop instead of having them deliver it to me. I would try to be there on a Friday, and stay the weekend while putting miles on it. If they deliver it to you, once it is there, and if there are any problems, you would be in a difficult position because it is doubtful that the person doing the delivery has any authority. You should always try to have some sort of leverage in a negotiation.