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

[BAMBOOBUSA]

From the original post it sounds like the insuranse co. that has your homeowners policy had thier contractor go and do the work. If that is the case you would think that they would be respondsible to make sure that thier contractors have the required policies in place, and if not maybe the homeowners insurance should pay. Just a thought!!!!

 

[thrasherfox]

Contractors fault.. no doubt

How you handle it is subjective and can be handled in numerous ways.. I find the following way would probably provide the quickest results



Get him over to the house.. have your buddies hold him down.. cut his man hood off.. tell him the doctors can surgically re-attach it with no problem as long as the procedure is done with in 30 minutes.

Let him know he gets his man hood back when you get your money from him..

You should get your money within 15 minutes



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[manatrader]

Alright guys Im going to try and make this as short as I can. A couple of weeks back I accidently ran my wifes Mountaineer through the wall of the garage and ended up taking out our bathroom. (yeah i know its a crazy story) Well the insurance company sends out a contractor to repair everything. I call my wife from work to ask how everything was going( theres a silence over the phone). I KNEW what had happened. Well she says they had to MOVE my bike in order to work. My house is on a hill with a sidewalk in front thats at an angle. I would never DARE park my bike there. They told my wife that the WIND had blown it over. My bikes ends up with a scratched stator case upper fairing scratches(the nose) lower fairings scratched, one of my D&D slip ons is scratched and a broken clutch lever! So I am sick and furious. I call the guy up and try and be as civil as possible. He says "give me an estimate". So I go to the stealership and it turns out to total right at $2,300! So I call him back and give him the estimate total and hes like "HOLY COW!" So now hes telling me he dosent feel neglegent. So now Im STILL being civil about the whole ordeal. I am just wondering what all of you would do about this situation. Do you think he is at fault? Should I seek a lawyer? I figure whats the the point in turning it in on my insurance? My deductable is $1,000! I thought this would be as good of place to come as anywhere. I know we have some pretty "legal savy" types here. Thanks in advance....

Did the insurance company hire them to fix your house or did you? If the insurance company did then they are the ones you should deal with and make them go after their contractor. I deal with contractors all the time and we go after the prime contractor only the subs are the responsibility of the prime.
They moved the bike so they are 100% responsible for placing it in a safe location putting a bike on the hill is not a safe place, specially the busa. They took responsibility the second they placed there hands on the bike, for anything that happened. I would give them a call again speak to the owner or manager and let them know your going to take it to the shop and have it fixed and they need to pay for it. If they say no, advise them that you do not wish to, but will have to hire a attorney and sue them for the cost of the bike and attorney fees, if they have half a brain they will pay for the bike otherwise they will end up paying a lot more.

 

[SPEEDEMON]

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.

haha yeah right dude!
when it comes to your bike i bet you'd do exactly what you listed, haha, all in respective order of course



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[BUTTER2BOY]

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.

LET ME JUST SAY WE COULD BE GOOD FRIENNDS
I LOVE THAT S**T !
BUT YOU DID FORGET THE SHOVEL

LONG LIVE HAYABUSA

 

[05 Busa LE]

An attorney is your best bet, but why not start by calling the insurance company that sent out the contractor and demand that they get the payment from him or his insurer? It's not making a claim on your policy, but demanding compensation for their actions.

 

[SpeedAdict]

IF YOU LIKE THE GUY TELL HIM TO PAY YOUR DEDUCT AND GO THROUGH YOUR INSURANCE CO.

Ive thought about that but my rate will probably sky rocket considering its a busa. Its high enough as it is.

Your insurance won't go up for something like this. There are clauses in there for crap like this. Bike tips over in a parking lot...not your fault they fix it, you hit the deductable. Rates sholdn't increase. I would get a written estimate and try to get that money. If he says no I would offer the pay my deductable route, if that didn't fly I would call the owner of the contracting company, and then move to a lawyer. I would leave lawyer for last option cause they cost money. Probably as much as it would take to fix the bike. Besides remember contractors are "working stiffs" they know that if they do not make you happy they could loose a lot of buisness in the area. I say Lawyers last. Just my thought. But talk to your insurance co.

 

[Ken02busa]

Insurance prices can will and do go up at the whim of the underwriter, dont ever think that you understand the bastards. I have owned or managed a Collection Agency for over 20 years, and I have collected for Insurance Brokers, and of course countless thousands of cases.
Keep your facts straight, NEVER LOSE YOUR COOL, AT ALL, do not offer any deals, keep notes of all happenings. If any chance at all, get him to sign a note for your 'insurance company' that says he did it not you, so your premium does not go up. Of course he is signing a confession, and after you return from the 'insurance company' inform him that the note you have in your possession means an immediate judgement, favor of the plaintiff. Then, let him know that because you will have judgement against him, he will then be liable for court costs, Lawyers fees, and restitution will be enforced through garnishment of wages or seizure of contracts. Tell him you are listing it wil the Collection Agency, which will then go into the Credit Bureau, and destroy he credit for 6 years.
This is a slam dunk, if you lived closer I would do it for free for you, mind you, i would nt be needed if this guy has ANY shred of decency.
Let us know the outcome.
Ken Lysons
Owner, Excel Credit Services, Inc.

 

[Tool]

He is at fault. I would let Ins. Co. know what he did and see what goes from there. If nothing, let him finish work and never sign off on work hes doing and he will not get paid by Ins. Co. Sorta a little leverge. thats if the work is more than damage to bike.