What to do.......bit of a nightmare

[Chippy]

Well my Dorso was taken back to the dealers for the 2nd Warranty claim in 9 months with only 900 miles on the clock. This time a bearing in the gearbox has gone. I've decided that I've had enough of it, so I've been looking to see what else is around that I can trade it on for in terms of going back to a sports bike.

Anyway, 11am this morning I get a call from the dealer. They've had a break in overnight and guess what.....my bike got stolen. It's been recovered, but only after the theiving scum crashed it, causing an estimated £2,000 worth of damage.

Clearly this is going to take ages to get repaired and to be honest, I don't want it back now that it's effectively a recovered stolen.

Anyone know how I should best approach this? The bike is mint, 900 miles on the clock.

Should I :-

1) Insist that they replace it for new or refund the full purchase price?

2) Get the 2nd hand value of the bike knocked off a new bike? (Bit of an issue as they don't have anything in there that I'd buy).

3) Get them to settle the outstading finance - £5,200 and call it quits?

4) Something else.

At the end of the day this is their problem, with it being in their care and them leaving the keys in it.

Any suggestions on how I should approach this?

Cheers

[spdu4ia]

Being as it was stolen from the shop shouldn't the shops insurance cover it?

There is NO WAY i'd take it back. Don't know how it is over in the UK but I'd call a lawyer asap.

[maxpower220]

Good news, your shop just bought your motorcycle for book value. At least in the states, that is how it would work. The bike was at their shop, their insurance should be covering everything.

[Chippy]

I'm a little worried that their insurers will pay for the damage and I'll effectively be left with it. Not to mention the wees and weeks that it's going to take to sort this.

My view is that they should at least cover the settlement on the finance and ideally replace it given that it's only got 900 miles on the clock and the fact that they failed to ensure that it was adequately secured (by leaving the keys in it).

[spdu4ia]

If your bike is stolen and is recovered you have the option of getting it back for a "buy back" price or the insurance would payout to you and then auction it off to recoop their loss. Bottom line is once its stolen it will be a "theft recovery" for the rest of its life tagged on the tittle.

I've had two bikes stolen , one insured, one not .

First one was recovered and I payed the fees and got it back. second one wasn't and they just payed me the value. But the shop has to have insurance for that kind of thing.

[Manu XIV]

What do they propose? You should tell them you don't want the bike back because it's not reliable in your opinion and see what they come up with. You will then have a base to bargain. They can resell a used one so you aren't creating problems for them.

[cpallen]

Better read the release you signed when you dropped off the bike. Then you should talk to your insurance agent. If you have comprehensive coverage you might be better off having your insurance cover the theft and they can go after the shop's insurance company. Just a suggestion.

[Mikey1]

Tricky one, first I'd speak to the shop and see what the options are, I'd be strongly suggesting that you don't want it repaired as you don't see why you should be the one to suffer when you weren't in possession of the bike.

If they automatically say they need to speak to the insurance company id recommend speaking to a lawyer who knows the legalities of it. They shouldn't charge you for advice over the phone and should be able to explain your options. I'd also say to the dealer you ate taking legal advice.

How is your dealer? Are they a decent set of people?

Hope you get it sorted fella as it sucks you having this agro

[Sparkyboz]

I'd go for No1, or maybe a deal for as fast as possible settlement on the whole deal, your bike was stolen from their shop because they left the keys in it? If your still paying for it and the damage is 2K+, less than 3 months could be "not merchantable quality" under the sale of goods act 1979. The bike is now also stolen recovered reducing values even further. If it was me I would at least want a full refund or another bike of equal value delivered to my door by dancing pixies carrying vast quantities of Beer tokens, and a go on his missus/sister and anything else I could think of untill I'm happy with the outcome sorrry I rant, this is a bad blow but get everything you can out of these halfwits, I can't believe they left your keys in, wankers.
Seek legal advice

[KernowJim]

If it as my bike I would go for option 1.

It doesn't seem fair that you should be at a disadvantage because their premises weren't secured enough and they didn't put your keys in a safe. You entrusted them with your bike, you should get your bike back as it went in. A repaired bike is never the same as a new one, they always feel different somehow.

I'm not sure, legally, who's insurance pays out but I'd be very surprised if the law determined that your insurance company is responsible, I doubt whether they would cover a theft of a motorcycle with a set of keys in the ignition anyway.

You have to stick to your guns, in light of the faults you've had and the subsequent theft, the dealer should take the bike and give you a very generous (i.e. close to retail value) part exchange against something you're happy with. They should be bending over backwards to help you.

[haga lout]

mate of mine as a bike shop insurance co terms all keys in a safe when bikes not being worked on so your shop may not be insured

[Hinckley]

Tricky one, first I'd speak to the shop and see what the options are, I'd be strongly suggesting that you don't want it repaired as you don't see why you should be the one to suffer when you weren't in possession of the bike.

If they automatically say they need to speak to the insurance company id recommend speaking to a lawyer who knows the legalities of it. They shouldn't charge you for advice over the phone and should be able to explain your options. I'd also say to the dealer you ate taking legal advice.

How is your dealer? Are they a decent set of people?

Hope you get it sorted fella as it sucks you having this agro

Really sucks!

[ovic]

Laws are differant everywhere.Courtney is correct.Check your service receipt.or have a lawyer look at it.I had a friend that had a car stolen while in the shop it was recovered stripped so the car was totaled.Insurance paid off the note.I think the ball is in your court.Being that the bike is new if your insurance will total it pay off the note and sue the dealers insurance.What ever you do don't take it back it will never be the same.If the title reads theft recovery.That is good for you Then the dealer has to take care of it.See what the dealer offers.Maybe they will be a stand up shop.It would be nice if they pay off the note and give you a new bike.They are great bikes and I doubt that if you get another one it will be bad.The problem is your laws what is right may not be the law.you may get screwed and have to sue.First see what is the best deal the shop wants to to.If thats not good for you get a lawyer to see what rights you have.Check with your insurance company and see what they think.It's quite a mess but you are the victim. I hope it all works out.Who is going to make the payments while this is going on?Hope it's not you.

[keithc]

First thing to do is cgo and see Citizens Advive and get their opnion. Them prob go a nd see a lawer. The record of your bike will always have `stolen recovered' against it. This may reduce the value of teh bike, hence lawers areneeded as the potential loos to you needs to be assessed.
Best all round would be for the dealer to but the bike at the price he would have sold it for, or as its so new with low milage, give you a new bike. Maybe even an good amount off of a bike that isnt an Aprila as you want to change anyway (dont tell him this BTW)
Either way I think it coulds take some time to sort this out.
Best of luck

Keith

[Sparkyboz]

You could call your insurance company to report the bike as stolen but you will need a crime number from the police.If you can get your insurance company on your side and get their legal help thats quite a big stick to beat the shop with.
As the bike may still be evidence for a crime and may be used by the cops for a prosecution, there is a possabillity of the shop giving you the bike back when it is still physical evidence.
See what the cops have to say and get a crime number, if the shop can't or won't put things right to your satisfaction get onto your insurance company. The bike was in for a gearbox repair, was this work done? The bike has been nicked, thrashed and damaged with a fault in the gearbox, can't see that doing the motor any good at all.

Just trying to think of some ammo for you, coz although I don't know you I hope you get agood result from this.