Busa tip over...whos to blame???

[MC MUSTANG]

I agree that it is the contractor's fault, but something to be wary of is this:
Did he talk to your wife before moving the bike? Did she tell them to move it there? Did they tell her or show her where they were moving it too? If you end up with ta lawer and going to court, I suspect the answers to those questions could either help or hurt you.

Just my .02

 

[CouchRocket]

I agree that it is the contractor's fault, but something to be wary of is this:
Did he talk to  your wife before moving the bike?  Did she tell them to move it there?  Did they tell her or show her where they were moving it too?  If you end up with ta lawer and going to court, I suspect the answers to those questions could either help or hurt you.

Just my .02

Yes, she actually gave them permisssion to move it, BUT I would have no way in hell been comfortable with parking it in the place they chose. This is the reason I am thinking its neglegent on his behalf. A kid could have tipped it over easily and the bike could have crushed them.

 

[MN72Busa]

Lawyers can cost some serious $$$, even for a phone call or letter. Why not give the guy a few day to think about it and if he say "Sorry dude", than go file in small claims court...a little simpler and cheaper than going the lawyer route.

Now once he gets to court, I hope the judge has enough common sense to ask about his insurance and proof of it. Some contractors carry no insurance, and if thats the case he's in some serios doo doo..Anyhow, good luck to you on this and let us know how it works out.

 

[Vic_E55_2001]

Well. if he don`t like estimate you can always safe him some money. I wouldn`t..
Make him pay and then do what another member did a while ago, ask for free parts crying and then sell the bike, got brend new one and collected the difference... Now nice...

Crashed, restored for free, got brand sparkling new one and cashed out insuranse check... Life could be good!

Try to keep cool about it. Don`t give him much time.

You don`t need him, you can find another company to fix your house.

 

[mrninja9]

ok his fault call your lawayer and have him call him or the baseball bat works wonders but make sure your lawyer is there...oh and by the way a few years ago we where workin by a school and a kid had an older cbr the smokin joe edition and it was windy on fat pavement the wind blew his over i watched

 

[MN72Busa]

Well. if he don`t like estimate you can always safe him some money. I wouldn`t..
Make him pay and then do what another member did a while ago, ask for free parts crying and then sell the bike, got brend new one and collected the difference... Now nice...

Crashed, restored for free, got brand sparkling new one  and cashed out insuranse check... Life could be good!

Try to keep cool about it. Don`t give him much time.

You don`t need him, you can find another company to fix your house.

lol

 

[adrenaline junkey]

might be a problem if you told him he could move it and you didn't specify where to park it I'm thin kin this is gonna be long and drawn out

 

[paineless4u]

damn, no questions asked he is DEFINATELY at fault. Do not file with you insurance company unless they are going to subrigate on your behalf and seek the cost to repair from his insurance company. I would wait till the repair to the house is fixed and then say "great job on the house" now what about all new OEM replacement parts for the bike.

OR

depending on the cost to repair the house tell him to save himself from his insurance going up and deduct 23 bones from the cost of the repair to your house.

 

[Aquaman]

If he's a decent contractor[/QUOTE]
Key word here being 'decent'...not many left!
If his defense is that the wind knocked it over,I would asap get a copy of what the wind and gusts were in your area of home at the time and day it took place.
IMO,it takes a lot of wind to knock a bike over.

He is responsible unless you somehow signed a contract agreement with lotsa fine print on any negligence on his part.
This is B/S

 

[grabntwist]

All in respective order.

1.Phone call ~ (did that already)

2.Let him know about your lawyer

3.Lawyer

4.If that don't work. Be at his house sitting on his door step eating a sandwich with a disturbed look on you.

5.Baseball bat to the knees.

6.Shoot him in the knees.

7.If the cops haven't gotten there yet, take something that is worth far more than 2,300 bucks. ie.. work truck, jewelry, his wife, you get the idea.

Note to Self:  Remember to NEVER, EVER piss off grabntwist.

ROFL! nah Im not that bad. I just hate when people think they can get over.

 

[motrhedd]

Make him pay,when your in buisness and you damage someones property its up to you to make it right.I work in a auto repair shop and if a customers vehicle is damaged while in our possesion we eat it.Even if it isnt our fault.Power lines fell off pole in parking lot and hit a customers vehicle and we fixed that too.Its called good buisness.

 

[Leo]

Here is my .02...

Lawyers are expensive, and it sux that your wife gave him permission to move it... but, due to his careless placement and subsequent fall-over and damage, he is responsible for the damage.  Example, lets say your $5,000 TV was in the way of some repairs... and a contractor asked for permission to move it, permission was granted, but they moved it outside and it rained on it in an hour, frying the TV... Who pays? CONTRACTOR.  Here is what I SUGGEST before forking out some major bucks on your attorney...

1. Make a copy of the quote
2. Create a letter for DEMAND OF PAYMENT FOR DAMAGES for the same amount; also state in the letter that this is your offer for a quick resolution prior to pursuing legal action. KEEP A COPY.
3. Send it REGISTERED MAIL.

That should do the trick, it is very formal and establishes a history if you do indeed take it to your attorney later on. If that doesn't get you a check, you will have to take it to the next level and see your attorney.

Good luck, and let us know how it went

<!--EDIT|Leo
Reason for Edit: None given...|1138413630 -->

 

[MoosesBusa]

He's got sticker shock. SHOW him the estimate from the dealership and point out each and every item listed while the two of you are standing side by side next to the bike. Make a copy of it and tell him if he can find the factory parts cheaper than you did then he is more than welcome to do so. IMO he was expecting $500 tops as an estimate and he is probably thinking you are trying to steal from him. Stay calm and factual and the two of you can work it out.

 

[rybraun]

He moved it he's paying!!!!!!!!!!!!!

 

[milesbm]

How much you paying for the work to the house? Maybe do an old fashoned barter. He fixes the house and you pay for bike (if the costs are equal) and no money exchanges hands. Just make sure you get that in writing, preferable with a witness like a neighbor that wasn't involved.

 

[ike]

he's on the hook,no question,thats why he asked for the estimate. If he's a decent contractor,he'll have insurance anyway. He will just have to pay HIS deductible.

RSD

+1

 

[BulletTrain]

Tip #1... NEVER, NEVER, NEVER seek your legal advice on an online forum... NEVER!

Tip #2... Talk to a lawyer...

Tip #3... See Tip #1...

 

[BusaSamurai]

Had same thing happen to me except bike was on my porch and the had unhooked chain on storm door wind blew it open swung against bike and damaged tail section ,brake light and cut seat ..Was on my 00 vfr contractor wasnt there when it happened one of his pee ons was well they denied it . Couldnt prove either way so i was gonna bite the bullet and do an insurance deal . Made my day when contractor came by next day and ask for cost of repairs .After all said and done right at a thousand and he wrote check . He has my business for life on anything he does .Thats just good business..

 

[JB Busa]

Very simple case.
1. Get estimate in writing.
2. Give copy of said estimate to contractor.
3. Tell him to cough up the green.
4.  Tell him if he doesn't you are going to tell the insurance company that sent him about this little mishap.  Since he is an agent for them - they will be responsible, he will also lose his cushey insurance repair jobs.

 

[CrashTestDanny]

If you're gonna take grabntwist's plan, stop at the lawyer.

Better move: Call him again, ask him for his insurance policy details then call his insurance company and file a claim. You don't need a lawyer unless he tries to dispute it or they refuse to pay. This will de-personalize it and that's probably a good thing. If he refuses to provide or does not have insurance, then you need to talk to your state's contractor licensing board.

Keep a written log of everything.

+1 to BulletTrain.

Good luck!