Test Ride Nightmare!! Could use some advice please...

[Tailwalk]

Well I can't believe it happened.......went out for a test ride on a new 08 FJR AE, clear skies, dry pavement, experienced rider. Slowed to about 5 mph to enter a freeway onramp, accelerated into the turn and bam*!!*!! before I could blick an eyelash the rear tire skidded out and proceeded into a low-side lay down skid on it's unprotected side. :dribble: !!!!!!!!!!! Any mommas and their kids nearby would have been shocked at the series of expletives erupting from my mouth. Luckily, aside from trashing my riding pants and a bruised elbow I'm OK but I can't tell you guys how dissappointed and shocked I was by this. I've never lost control of a motorcycle, and to do so on a test ride is about as bad as it gets.

I've been lurking on this site for well over a year learning about all your experiences with the the FJR and looking forward to the day I would be able to purchase one. I just didn't expect to have to consider making the purchase under these circumstances. So I'm hoping I can draw on all your collective wisdom to assess my options in this situation. I should add that the dealer has been very understanding and pleasant with me under the circumstances. Obviously, bargaining power in this situation is almost nil in my favor. The options I have are these:

Option #1 After assessing all the damage and drawing up a list including parts and labor......I can walk away from this situation with a sore elbow and no bike for the paltry sum of $4000. That would essentially return the bike to like new saleable condition replacing any damaged or scraped parts with new.

Option #2 Repair/replace the most obviously damaged parts (left handlebar, warmer grip, mirror, upper cowling, crankcase cover and gasket) but not some less visible ones (small dent on fuel tank, small scrape on one muffler, scraped side stand and center stand). The dealer said he would only charge me 636.57 to do these repairs with purchase of the bike.

Total purchase price w/ tax, license, title and above mentioned repairs $13,500.00

So that's $12,863.43 for a slightly damaged (caused by me) 2008 New FJR AE that has no warranty (he explained that they are getting the 08 bikes via auction from Yamaha, thus no warranty). I told him that I thought it might be possible for me to purchase the 5 year Y.E.S. from D+H Motorcyle Dealer (in Alabama?) for like $389 or so that you guys keep talking about on this site. He said he didn't think I could purchase the 5 year Y.E.S. because it only applies to new bikes that have a one year warranty already on them. He then said he could offer me a 2 year Y.E.S. for the same price $389 (supposedly half of what they normally would charge).

Any advice or suggestions as to what I should do would be appreciated greatly..........I'm still a little shook up from this and need some clarity and more time before I make a decision on this.

Thanks,

David

Seattle, WA

 

[Dudewado]

Ouch! I really feel for you.

I would proceed carefully. I can't believe they are selling a 2008 bike at close to retail without a warranty.

Sounds like they have you by the short ones and are taking full advantage.

Good luck; If worse comes to worse, you will still end up with a great bike.

 

[bhkfjr]

WOW.. Talk about being between a rock and a hard place! That had to really shake you up as well as being totally embarrasing.

It has been reported on this forum that at least one other dealer has been getting these bikes and selling them for 9-10k. Haven't heard that they have no warranty. members here have checked it out and hopefully they will chime in.

Playing with the numbers, if the dealer would have sold the bike for 10k and he's charging you 12,700 after doing 700.00 worth of repairs, he's banging you for 2k extra profit due to the circumstances. Hopefully he will feel bad enough about this thay you can get a better deal if you bring the above to his attention. (providing you actually like the bike)

Paying 4k and walking away would also suit the dealer just fine but wouldn' be so good for you. Even if you could pick up a new 08 for 9k, you'd still have 13k invested but the bike would be perfect and may be able to be warranted. Alot more trouble and almost a wash on the numbers.

I would think it would be harder for the dealer to sell a bike thats been damaged so maybe theres some room to negotiate off that 12.700 number just to keep everybody happy. Shit happens. It's all one sided now in his favor. Maybe if you play on his humanity and the extraordinary cicumstances you can can get a better price. I'm thinking 11,700 at tops. He' still making out O.K. and you're not getting hurt too bad.

Just my initial thoughts. I'm sure others will have even more helpfull input. Best of luck to you. Keep us informed

 

[Patriot]

I would walk away.

#1 - did you sign any waiver before the test ride; dealerships have insurance to cover their bikes if they are willing to allow it...you are not liable for an accident with no willful purpose to brake the bike.

If you were hurt...his insurance as the owner of the bike would cover you; you could sue him and win or settle (legally - morally is another arguement)

If a friend borrows your bike with your permission and hurts himself, your insurance covers him and the bike...it's the bike that's insured, not the person who rode it

At worse, your auto/bike/vehicle insurance would cover the bike...I'd seriously just walk away

#2 - he's trying to screw you by making you purchase a bike at retail with no warranty - both are bullshit and are not good faith selling policys on his part - walk away

a buddy test drove a Honda Odyssey and ran it into the side of a building of a business - no injurys

he walked away and the dealership had the vehicle fixed and sold it to someone else

there were no consequences to my buddy - that's what the dealership has insurance for

now, he signed nothing, followed the direction of the salesman and the test drive was all with the permission of the sales manager on duty

#3 - just curious - is there a police report on the incident

HE WOULD NOT SCREW ME THIS WAY...

you really want a new, undamaged, unfixed bike - don't you - then walk away...

 

[happyPuppy]

Before the test ride did you sign a waiver? I am not an expert , but it seems to me that they assume the risk of letting you test ride a bike. The tires could have been very low, who knows. I do not really see how you would be liable for the damage, in fact you may have as strong a case for your injuries. My advice would be call your lawyer first for advice. Sorry to hear about the get off , ouch!

If you decide to or have to, the AMA has a 3rd party warranty listed if you need it but I have no knowledge if it is good or bad. YES has to be added during the 1st year. I would fix what I needed, and look on e-bay etc and fix it over a period of time. Post on the board what you need you maybe a member with some parts laying around could help you out.

 

[Texan]

I agree the dealer should be insured for this type of incident. Indeed it is the vehicle that is insured, not the driver. I know this firsthand.

But I don't agree with walking away. It is not reasonable that you skip away scott free. I vote for some reasonable negotiation. The dealer is going to be made whole from his insurance. Likewise, you deserve a reasonable deal on the bike, not the excessive price he is trying to charge you.

Most of us are going to cause some cosmetic damage to our bike at one time or another. Parts are cheap and easily replaceable on this bike. They fix up well and still ride great after a slow lowside accident like you had.

By the way, check if the stator cover really needs replacing. If it's just scraped and does not have a hole, you can sand it and repaint it with good results. Ask me how I know.

Good luck. You'll love the bike.

 

[SCWatts]

I would walk away.
#1 - did you sign any waiver before the test ride; dealerships have insurance to cover their bikes if they are willing to allow it...you are not liable for an accident with no willful purpose to brake the bike.

If you were hurt...his insurance as the owner of the bike would cover you; you could sue him and win or settle (legally - morally is another arguement)

If a friend borrows your bike with your permission and hurts himself, your insurance covers him and the bike...it's the bike that's insured, not the person who rode it

At worse, your auto/bike/vehicle insurance would cover the bike...I'd seriously just walk away

#2 - he's trying to screw you by making you purchase a bike at retail with no warranty - both are bullshit and are not good faith selling policys on his part - walk away

you really want a new, undamaged, unfixed bike - don't you - then walk away...

Agree completely with the above. The dealer has insurance, and will only be out his deductible . . . and perhaps higher premiums in the future, depending on his history. This dealer is screwing you over. He's going to get you to cover the cost of the repairs completely so he doesn't have to report this to his insurance company, AND he's trying to make you pay out the nose for a two year old "new" bike that doesn't even have a warranty.

Walk away. If you want to make yourself feel better, throw him $500 to cover or help defray his deductible, but don't let this guy take advantage of your guilt to soak you. These accidents happen, he knows it, but he's trying to use this situation to make a huge profit.

 

[ahchiu]

I would walk away.
#1 - did you sign any waiver before the test ride; dealerships have insurance to cover their bikes if they are willing to allow it...you are not liable for an accident with no willful purpose to brake the bike.

If you were hurt...his insurance as the owner of the bike would cover you; you could sue him and win or settle (legally - morally is another arguement)

If a friend borrows your bike with your permission and hurts himself, your insurance covers him and the bike...it's the bike that's insured, not the person who rode it

At worse, your auto/bike/vehicle insurance would cover the bike...I'd seriously just walk away

#2 - he's trying to screw you by making you purchase a bike at retail with no warranty - both are bullshit and are not good faith selling policys on his part - walk away

you really want a new, undamaged, unfixed bike - don't you - then walk away...

Agree completely with the above. The dealer has insurance, and will only be out his deductible . . . and perhaps higher premiums in the future, depending on his history. This dealer is screwing you over. He's going to get you to cover the cost of the repairs completely so he doesn't have to report this to his insurance company, AND he's trying to make you pay out the nose for a two year old "new" bike that doesn't even have a warranty.

Walk away. If you want to make yourself feel better, throw him $500 to cover or help defray his deductible, but don't let this guy take advantage of your guilt to soak you. These accidents happen, he knows it, but he's trying to use this situation to make a huge profit.

+1 , I think they are hurting with sales and they sprayed the tires with Armorall....just kidding,. good luck and keep us posted

 

[wfooshee]

There is no way on God's green Earth that a test rider is liable for anything. It's the dealer's risk to allow test rides, which is why nobody does them.

If his insurance doesn't allow test rides, too bad. It's still his risk. Consult an attorney. It's cheaper than the bike repair.

 

[capttwb]

I would walk away.
#1 - did you sign any waiver before the test ride; dealerships have insurance to cover their bikes if they are willing to allow it...you are not liable for an accident with no willful purpose to brake the bike.

If you were hurt...his insurance as the owner of the bike would cover you; you could sue him and win or settle (legally - morally is another arguement)

If a friend borrows your bike with your permission and hurts himself, your insurance covers him and the bike...it's the bike that's insured, not the person who rode it

At worse, your auto/bike/vehicle insurance would cover the bike...I'd seriously just walk away

#2 - he's trying to screw you by making you purchase a bike at retail with no warranty - both are bullshit and are not good faith selling policys on his part - walk away

a buddy test drove a Honda Odyssey and ran it into the side of a building of a business - no injurys

he walked away and the dealership had the vehicle fixed and sold it to someone else

there were no consequences to my buddy - that's what the dealership has insurance for

now, he signed nothing, followed the direction of the salesman and the test drive was all with the permission of the sales manager on duty

#3 - just curious - is there a police report on the incident

HE WOULD NOT SCREW ME THIS WAY...

you really want a new, undamaged, unfixed bike - don't you - then walk away...

+1 Patriot is dead on.

 

[gearman]

Assume a new identity and relocate. Seriously though, I think it's the dealers problem. If push comes to shove, check your auto/homeowners insurance to see if it may be covered.

 

[YooperDick]

The only liability you should have is wiping the egg off your chin. The dealer is bending you over.

 

[juniorfjr]

The first thing to do is contact your insurance company, and based on their response, maybe an attorney. You are already paying insurance, so bring them into it.

Did you like the bike? Is it one you could live with? After you know from insurance/legal people your position, then it is a lot easier to negotiate. And make him throw in the YES.

 

[FJRBluesman]

Tailwalker - Ironic handle wouldn't you say… I know it can be about airpalnes too, but….

I totally disagree with many things said here.

I'm not sure what the WA state laws are there, so I'll use my Cali logic (Like that's good anywhere else). The person riding the bike IS responsible for damage. Yes the bike should be insured thru the dealer or the dealer assumes risk if not. That being said, who caused the accident? The rider. Who is legally responsible under the law to pay? Technically the rider is. Insurance is for taking that burden from the rider and being underwritten for such a mishap.

If the dealer so wishes I'm sure he can take legal action against you and more then likely prevail, maybe not. Maybe the laws in WA state say, you let the person ride it, it's your fault.

You may want to talk to an attorney friend if available.

Good luck.

 

[SnowAviation]

I'd call my insurance agent and ask them, from what I've read, in Washington, the dealer would be responsible for

liability if someone got hurt as a result of your accident. But your agent should know if the dealer is trying to pull

a fast one over you.

Some states hold the driver/rider responsible for having insurance and accepting responsibility. Ask your insurance

agent or a lawyer before paying them money or walking away.

 

[johnny80s]

I'd call my insurance agent and ask them, from what I've read, in Washington, the dealer would be responsible for liability if someone got hurt as a result of your accident. But your agent should know if the dealer is trying to pull

a fast one over you.

Some states hold the driver/rider responsible for having insurance and accepting responsibility. Ask your insurance

agent or a lawyer before paying them money or walking away.

This is the best advice I have seen in this thread. Your insurance and a lawyer will tell you what you really need to do. By the way you have not lost your bargaining power. This dealer now has a pos bike he needs to sell and should be willing to make a deal rather than have a long drawn out court battle.

 

[terp84alum]

Tell the dealer to pound sand. They are covered and liable.

 

[Tailwalk]

Hey guys,

Thanks so much for your input on this. To clarify some things; I did sign a waiver that specifically excluded them from liability for injuries to me or anyone else and I also remember reading something about me being responsible for repairs to the motorcycle. After we went over the damage report and he told me how much he wanted for the motorcycle I told him I couldn't make a decision about it right away. He said that was fine with him but that he'd need the $4000 to cover the repairs just in case I decided not to buy the motorcycle. I let them charge my credit card $4000 with the understanding that I would let him know by the end of next weekend whether or not I'm buying the bike. If I buy the bike he'd credit back the $4000 and we'd finance the purchased at 9.5% zero down. If I don't buy the bike he keeps the $4000.

All this being said I'm really not happy about there being no warranty on the bike (although he said for $389 he'd give me a 2 year YES plan). And obviously, I'm not happy that the bike is damaged goods right from the get-go if I purchased it. What I definitely don't want to have happen is me buying the bike for 12-13 something thousand and possibly having regrets at a later time(i.e., some unseen damage or extensive repairs at a later date). At the same time walking away from this and having to pay $4000 for a test ride from hell sure is hard to swallow.

FUN!

Thanks,

David

 

[terp84alum]

I still say the guy is full of shit about the warranty. Are they selling the bike as used or new? Fortunately, here in MD they have laws that cover stuff like this. Dealers are crooks.