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Topic: Bikes involved in a flood.  (Read 6417 times)

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Dan K
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« Reply #40 on: March 28, 2012, 06:52:33 PM »

If that's the case, and their insurance really is off the hook, let your insurance company go after the dealer and get the bike replaced.

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« Reply #41 on: March 28, 2012, 07:31:35 PM »

Insurance policies don't normally cover flooding unless it's the sewers backing up.
Your policy may cover it though. And they may be a good ally to get resolution from the dealer.
+1 on not taking it back. I wouldn't.
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« Reply #42 on: March 28, 2012, 07:37:06 PM »

Well, if it was an FJR that got flooded I would say not to worry, any other bike you need a replacement....
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« Reply #43 on: March 28, 2012, 07:48:00 PM »

FJR would have prevented the flood.  Lol
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« Reply #44 on: March 28, 2012, 07:50:11 PM »

Dirt bikes regularly get submerged under water (while running) and survive after being dragged to shore, turned upside down to drain out the water, change the oil and go. That's not quite the same as being submerged for most of day, but in some ways (the bike is running) is worse.

Is YOUR bike OK? Who knows without a lengthy teardown. My wild speculation is that it's probably OK after a few oil changes and some maintenance. But since it wasn't your fault the bike went swimming, get insurance to write it off (why take a chance).
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white26golf
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« Reply #45 on: March 28, 2012, 08:49:10 PM »


Insurance policies don't normally cover flooding unless it's the sewers backing up.
Your policy may cover it though. And they may be a good ally to get resolution from the dealer.
+1 on not taking it back. I wouldn't.


This is the exact reason my insurance says that the business insurance probably won't cover it.  If it had been due to faulty pipes or something, then that is the businesses responsibility.  Since it was an act of nature out of control of the business, then they more than likely are not liable.  I am dreading the inevitable fight with my insurance adjuster on this matter.  I concur with all of you that say the damage unseen is the problem, and I don't want to have to pay to get something fixed every few months from now due to the damage that this might have caused.  I will be pushing for replacement value of the bike, but it's a waiting game right now.  I am waiting to here what the adjuster has to say, and building my rebuttal case with your guys insightful questions of what they checked.
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« Reply #46 on: March 28, 2012, 08:55:22 PM »




Then the dealership has to pay for the bike out of pocket.



This......

Having run auto repair shops that were self insured, I can tell you that this is absolutely the truth.

 Once again, if the dealership refuses to pay, don't get angry.....get a lawyers opinion, then take them to court, you will win.
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PatM
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« Reply #47 on: March 29, 2012, 10:34:27 AM »

I'm not sure up if the shop can be held responsible for the flooding. We don't have enough details for that. (I know, this is the internet and we're all EOE after all.  Lol)
I've been reading up on this and it really isn't clear who is responsible. If they attempt to fix it, then they may have a responsibility but for the fixing part.
If you have comprehensive coverage on your insurance, you should be covered. If the bike has a loan against it, you may also be in luck. Also if the bike isn't declared totalled by your insurance, you should ask for a written warranty from your insurer and the repair shop (the one that fixes it) for the time that you will own it. You will however loose when you sell it eventually IMO.
http://www.ehow.com/info_7825137_car-insurance-cover-flooded-vehicle.html
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« Reply #48 on: March 29, 2012, 11:51:28 AM »


 Once again, if the dealership refuses to pay, don't get angry.....get a lawyers opinion, then take them to court, you will win.


This right here. Don't get angry, take notes including names and dates of everyone you talked to, document everything. Insist they buy the bike off you for fair market value, If not give a copy of your notes to a lawyer and take them to court. The bike was in their care when it happened, they should step up and make it good.
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« Reply #49 on: March 29, 2012, 02:21:04 PM »

I can tell who doesn't live in a flood region, the court's oppinion of the creek rising is "too bad". You will have to file this on your insurance and they will go after the shop's insurance if they have flood coverage.  Rising Water (flooding) falls under the "Act of clause" where no one is considered to be at fault.

The shop kind of screwed you by changing the fluids before you could inspect it, but at the same time if they had waited for you to inspect it it have cause more harm to to the internals.


Dirt bikes regularly get submerged under water (while running) and survive after being dragged to shore, turned upside down to drain out the water, change the oil and go. That's not quite the same as being submerged for most of day, but in some ways (the bike is running) is worse.


You are using a bad example. Most dirt bikes don't have ECUs, sensors, or lights. Then you need to look at the maintenance schedule of a dirt bike and you will notice that you are supposed to replace your piston and rings every 15-60hr depending on model, some models require complete top end in that time frame, valve checks every 5-30hrs.
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white26golf
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« Reply #50 on: March 29, 2012, 04:53:49 PM »


 If the bike has a loan against it, you may also be in luck. Also if the bike isn't declared totalled by your insurance, you should ask for a written warranty from your insurer


Can you explain this to me, especially how if I have a lien on it I may be in luck?
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« Reply #51 on: March 29, 2012, 04:56:57 PM »



The shop kind of screwed you by changing the fluids before you could inspect it, but at the same time if they had waited for you to inspect it it have cause more harm to to the internals.



Actually since I have comprehensive coverage, this is exactly how they may have screwed me.  More harm would not have hurt me in the least.  It is the "appearance" that the bike may be ok and possibly an inexperienced insurance adjuster is what will screw me in the long run.
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« Reply #52 on: March 29, 2012, 05:05:17 PM »




Actually since I have comprehensive coverage, this is exactly how they may have screwed me.  More harm would not have hurt me in the least.  It is the "appearance" that the bike may be ok and possibly an inexperienced insurance adjuster is what will screw me in the long run.



Only if you allow it....
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white26golf
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« Reply #53 on: March 29, 2012, 05:10:06 PM »

Don't get me wrong, I will fight it if they try to do anything but total the bike.  However in the end, short of a legal battle which I am not financially prepared for, it comes down to what "they" are willing to do.  So if you could explain how I may be able to not allow myself to be possibly screwed on this, it would be welcome.  Oh and good to see someone else from M-town.
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« Reply #54 on: March 29, 2012, 05:36:32 PM »

I would be demanding some sort of guarantee if they do not want to do anything....of course they won't provide any such thing but it is a starting point for negotiations...

But I expect they will see your point and buy the bike....

I hope you keep us up to date on this interesting situation....is the shop in Memphis?
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« Reply #55 on: March 29, 2012, 05:38:46 PM »

No the shop is not in Memphis, can't remember the last time even Mud Island was under water. I am in the Army, and am currently stationed at Ft Polk, LA.
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« Reply #56 on: March 29, 2012, 05:41:44 PM »

That is a good point though, I will ask the insurance company if they will provide some sort of written warranty that will protect me against water damage to components that might go bad because of this for the next 3 years without paying a deductible.  When they say no, they would have proved all of our points that who knows what damage this could cause in the long run.
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« Reply #57 on: March 29, 2012, 05:42:40 PM »

Value of bike under 5000?   If so, go to Small Claims court, usually cost under 50.00 to file a claim.  Let a local judge decide.  You can get free legal advice in most communities for this type of case if you need it.  Legal Aid Society.

If the dealership is a Better Business member you can see if the dealership has any complaints on record, and the BBB will mediate in most cases, if you desire this, at no cost to you.  

Dealership was flooded, right?  How are they handling the other bikes that were in for service, or where on the showroom floor?  replacing?  Repairing?  

If they plan to sell the flooded new bikes....let the state attorney General's office know, along with the division of consumer affairs.  I'm pretty sure they will have an opinion on the case as well.

Bottom line.....the more people you can get to contact the dealership, the better.  They don't want the bad publicity nor will they want the consumer action groups breathing down their necks.  They might just agree to pay you off just to get you to go away.  And.....none of this should cost you any money other than your time, phone calls, letters, and possibly some gas.
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PatM
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« Reply #58 on: March 29, 2012, 05:44:40 PM »




Can you explain this to me, especially how if I have a lien on it I may be in luck?

When you insure a vehicle, you in fact insure the lender from loss of said vehicle. They, not you, will be paid first. This is why most lenders will require proof of insurance. The bank will, up to a point, be on your side.
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« Reply #59 on: March 29, 2012, 05:51:33 PM »



When you insure a vehicle, you in fact insure the lender from loss of said vehicle. They, not you, will be paid first. This is why most lenders will require proof of insurance. The bank will, up to a point, be on your side.



Yeah, all of this I understand, and I do have comprehensive coverage on all my bikes anyways.  For the last part, are you saying if they don't total it to get the bank involved to see if they will pressure the insurance company?  I am also in talks with several dealerships for a 2012 Vstrom should I need to trade the bike in to get rid of it, and there ballparks on the trade would more than cover the remaining loan amount.
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