barend Posted June 7, 2012 Share #1 Posted June 7, 2012 when I still didn't have my title after two months I contacted the dealer, which claimed they had been calling me ... on a number I never gave them, but that's a different story. Anyway, I wound up telling them that I would drop the bike of so they could fix this problem, but what would they give me to ride wile they did? That turned out to be a 02 (?) Wing. Not a bad ride, though it had a slight head shake and not something I would want as a daily rider, problem is, driving home this morning I had a situation and the the bike wound up going down the road without me. This is where the problem starts. I called the insurance and got a claim number, I called the dealer and passed on the information and made arrangements to bring the Wing over there. I would have preferred to ride it over to get my own bike back (they have the title now), but hey, I'm mostly OK, so I shouldn't complain. Anyhow, they won't give me my bike! They want me to pay them the difference between the suddenly diminished value of my Valk I/S and this Wing (2500) OR, they want a check from the insurance company. At the same time they already started pushing for me to buy the Wing using the Valk and the insurance money and then I can fix it or have them fix it. They are claiming they did not have insurance on it for me to drive it?! They are also saying that this Wing was under contract and the guy was making payments. I just want my Valk and I just don't see that they can deny me that at this point. Suggestions?? As far as what I can see on the Wing: forks/handlebar twisted/bent, fairing pushed back/cracked/scraped, mirrors, right exhaust, right crash and bag bar, possibly front rim. http://www.valkyrieforum.com/bbs/Themes/SSVR/images/icons/modify_inline.gif Link to comment Share on other sites More sharing options...
DragonRider Posted June 7, 2012 Share #2 Posted June 7, 2012 So they gave you a loner that didn't belong to them, someone else's bike, and they want you to take responsibility for the damages.......don't think so, you did the right thing by filing with your insurance co, so that's who they have to deal with. You should get your bike and not have to worry about the wing, their mistake was giving you someone else's bike as a loaner. To top it off, if it was my wing, I would go after them for loaning my bike out, they owe him, not you owe them. I would contact an attorney if you don't get your bike back. when I still didn't have my title after two months I contacted the dealer, which claimed they had been calling me ... on a number I never gave them, but that's a different story. Anyway, I wound up telling them that I would drop the bike of so they could fix this problem, but what would they give me to ride wile they did? That turned out to be a 02 (?) Wing. Not a bad ride, though it had a slight head shake and not something I would want as a daily rider, problem is, driving home this morning I had a situation and the the bike wound up going down the road without me. This is where the problem starts. I called the insurance and got a claim number, I called the dealer and passed on the information and made arrangements to bring the Wing over there. I would have preferred to ride it over to get my own bike back (they have the title now), but hey, I'm mostly OK, so I shouldn't complain. Anyhow, they won't give me my bike! They want me to pay them the difference between the suddenly diminished value of my Valk I/S and this Wing (2500) OR, they want a check from the insurance company. At the same time they already started pushing for me to buy the Wing using the Valk and the insurance money and then I can fix it or have them fix it. They are claiming they did not have insurance on it for me to drive it?! They are also saying that this Wing was under contract and the guy was making payments. I just want my Valk and I just don't see that they can deny me that at this point. Suggestions?? As far as what I can see on the Wing: forks/handlebar twisted/bent, fairing pushed back/cracked/scraped, mirrors, right exhaust, right crash and bag bar, possibly front rim. http://www.valkyrieforum.com/bbs/Themes/SSVR/images/icons/modify_inline.gif Link to comment Share on other sites More sharing options...
JohnMidnight Posted June 7, 2012 Share #3 Posted June 7, 2012 You might as well get a lawyer to boot... something fishy is going on, telling you to buy that Wing they do not own, that someone else is making payments on........... Link to comment Share on other sites More sharing options...
SilvrT Posted June 7, 2012 Share #4 Posted June 7, 2012 Sounds like an underhanded operation to me. Let's see... District attorney Local police chief Local radio station Local newspapers Dealer network head honcho It would seem to me that any such loaner vehicles MUST have insurance coverage. This situation sukz .. hope it all works out for you and PDQ! Link to comment Share on other sites More sharing options...
Redneck Posted June 7, 2012 Share #5 Posted June 7, 2012 Just because they have the title to your bike doesn't mean they own it. I assume the title has your name on it. Was the work they were doing warranty or do you owe them for the work? I would go pick up your bike and pay the repair bill if you owe it. If they won't let you have it call the police. The only way they can hold your bike is if they have a mechanics lien against it. Link to comment Share on other sites More sharing options...
Yammer Dan Posted June 7, 2012 Share #6 Posted June 7, 2012 Just because they have the title to your bike doesn't mean they own it. I assume the title has your name on it. Was the work they were doing warranty or do you owe them for the work? I would go pick up your bike and pay the repair bill if you owe it. If they won't let you have it call the police. The only way they can hold your bike is if they have a mechanics lien against it. What Redneck said!! Link to comment Share on other sites More sharing options...
Cougar Posted June 7, 2012 Share #7 Posted June 7, 2012 Link to comment Share on other sites More sharing options...
dacheedah Posted June 8, 2012 Share #8 Posted June 8, 2012 Personally I would call the secretary of state police or whoever is responsible for auto dealers. If you bought or financed your bike and have a receipt they can only hold it for the cost of your repairs. Bring copies of the paperwork but not the origionals of all paperwork you have. They may have a civil action against you for the deductable on the damage on the loaner, unless you can show it was a defect that caused the damage in the first place. Did you sign any papers to take the loaner or have your bike fixed, if so and you signed anything read the fine print. Your insurance will probably pay for the damages if you were riding it, less deductable. If they won't and the cosignee has insurance his should pay, you still owe the deductable. If the bike is titled and plated to you and you have paid for the repairs they can't hold your property. If you get no where here I would ask the officer to do a report and go to the attorney general's office in your state. In Illinois it would be considered extortion to hold your property. Link to comment Share on other sites More sharing options...
Guest scarylarry Posted June 8, 2012 Share #9 Posted June 8, 2012 Sounds like an underhanded operation to me. Let's see... District attorney Local police chief Local radio station Local newspapers Dealer network head honcho It would seem to me that any such loaner vehicles MUST have insurance coverage. This situation sukz .. hope it all works out for you and PDQ! +1.... Link to comment Share on other sites More sharing options...
barend Posted June 8, 2012 Author Share #10 Posted June 8, 2012 To clarify, since several of you are misunderstanding, I think. I bought the Valk about two months ago and contacted the dealer because I had not received my title yet. They told me they had been calling me (at a number which was not even close to mine, don't know where they got it), because they had a problem getting my title. from what I gather the bike came out of GA, was sold to a HD dealer in SC who sold it to a guy who then traded it in at Foothills Motorsport in Piedmont SC. The bike was not retitled by any of those and DMV wanted to physically see the bike before issuing a new title. So I dropped the bike of to get them to fix that little problem and get me a title. There were no repairs involved and I paid cash for the bike. From what I gather they had to make two trips to the DMV to get it straightened out and they now have a title in my name at the office (I'm told) I already called my attorney but haven't heard back from him and his office is closed on Friday's. I should hear from the adjuster tomorrow. Link to comment Share on other sites More sharing options...
Midrsv Posted June 8, 2012 Share #11 Posted June 8, 2012 It sounds to me that they have absolutely no claim on your bike. Yours free and clear. Did you sign any type of rental agreement on the loaner stating that you would carry insurance or assign yours to them. If not, I think they should take care of their own bike. If they failed to carry insurance that is there problem and not yours. The dealer should have known better. I guess you could be a nice guy and cover the deductible but based on your description of their service I doubt I would. Dennis Link to comment Share on other sites More sharing options...
Redneck Posted June 8, 2012 Share #12 Posted June 8, 2012 I would be their with the bill of sale in hand when they opened the doors in the morning. You own it they can not hold it if necessary the police will inform them that theft is illegal. The longer it stays their the greater the chances an (accident) could happen to it. Link to comment Share on other sites More sharing options...
barend Posted June 8, 2012 Author Share #13 Posted June 8, 2012 For me anyway, spoke with the senior adjuster this morning and he called Foothills. The manager called me at around 1040 this a.m. said he talked to the adjuster and what they would have to do, then told me everything was taken care of and I could come get my bike, tag and title. 'Course the tag was on the bike so that should never have been an issue. Thanks for the support and feedback! Barend Link to comment Share on other sites More sharing options...
Flyinfool Posted June 8, 2012 Share #14 Posted June 8, 2012 Glad it worked out the way it should have with minimal fuss. Link to comment Share on other sites More sharing options...
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