What would you do? (Son had bike broken at school)

[HiSPL]

Long story, buckle in....


My Son is attending A&M. He rides a Husky 701sm. One day he goes to class and comes out to having his bike moved from the moto parking space it was in, and there were construction trucks parked in the moto parking area. During this time *someone* broke the steering lock on his bike. This effectively totals the bike as far as insurance would care.

My Son sees the bike, sees the damage, and calls campus police. Police come, talk to my Son, assign a case number, THEN the foreman or manager of this construction crew comes up being all apologetic saying he'll take care of it, no need to get police involved, everythings OK, etc, etc. Son and this guy exchange info.

Now, if you aren't familiar the steering lock on the 701 is really easy to break. Talked to Munn and they agreed that the only real fix was a total frame replacement. We got an estimate and it was about 3500 bucks.

Son calls the Construction guy, emails the estimate, and says that he would prefer to just take the check and fix it when he has the time. Since this bike is his only transportation to school. Construction guy is telling my Son that he will only pay the dealership where the work is being done. He won't cut a check to my Son. He's even gone so far as to offer up a loaner vehicle, AND to deliver and pick up the bike to the Munn in Waco.

Now, I understand if he thinks my Son is going to just pocket the money, but why on earth is he going so far out of his way, and causing extra expense and time spent for himself in this situation? As of yet he has not admitted any fault, and keeps saying his crew "allegedly" broke the bike, and "no proof" and that he's "doing this out of respect and kindness" against my Son's word, etc.


Thing is, there is no dealership for this bike in town. Closest is Waco. And it takes months to get a new frame built and shipped, and it takes about a week (25-ish hours shop time) to do the frame swap, THEN we have to go through and change the VIN on all our documents, etc....


What does TWT think about all of this? I personally don't see what his deal is. Even IF my son was going to pocket the money what would it matter? They broke the bike, they owe my kid for the reduced value of the now broken bike. Thoughts?

 

[CleatusJ]

He's in business, so he needs paperwork to cover his expenses. I would take the loaner and go with him to Munn's

 

[sharkey]

Was a Police Report made? Maybe Campus Police can speak with the foreman seeing that the construction company obviously has a contract with A&M. If I was your son, I would explain to the foreman why the cost was so high and that it is going to take a long time for dealer to fix (I would also record all conversations now.) Maybe that will get him to get the company to write a check. If not, the next step is contact the company and go over the foreman's head. If that goes south, your son's only recourse is civil claims court. Were there Cameras around? I would again get with campus police and see if they can get footage before it is discarded.

None of this will get immediate transportation to your kid. IF foreman offered a loaner vehicle, I would definitely take him up on that.

 

[PP186515]

Seems like the construction company is behaving pretty well, assuming they do the things they have proposed. They are offering to repair the motorcycle and provide a loaner vehicle. I would love to pocket $3500 for a steering lock, but not sure that is really fair.

If you want to make them an offer of $1000 or less cash and invest in a good lock, I think that might be good for both parties. I don't find the steering locks very valuable as they are easily snapped, so I think your son would be coming out ahead.

Just my opinion. Good luck.

 

[Jeff S]

Totally agree - good on the builders for trying to do this the right way. They damaged the bike, and appear to cover total costs to undo that damage. I'm not sure there's another option here. Yes, it'll be a hassle, but he'll have a loaner, so I'd take that offer.

 

[mlinkibikr]

The construction company needs to do it that way for their insurance to cover it. It's a pain, but I like the idea of offering a cash settlement. The company might then just eat it and keep their insurance clean.

 

[gixxerjasen]

It sounds like they don't even want to involve the insurance company. I'd be asking for that information and dealing directly with them. They shouldn't have even touched the bike, but they did, and they broke it in a very expensive manner. I'd have at the very least gotten a police report and then started working with them from there.

Arrange with the insurance company the location that you'd like the work done, then see if the shop will order the parts and schedule for you to bring the bike in when the parts are ready.

 

[Boulder Ed]

I had insurance companies screw around with my son when he was a student over a bike claim. I'd lock down whatever I could and get the bike fixed ASAP

 

[Grozny]

If your son actually wants a new frame, he's crazy not to take the guy up on his offer. I think the guy's making a case that he offered to make your son whole for any damage caused (paying to fix it, transporting the bike, and providing a loaner vehicle). In the unlikely event it should ever go before a judge, I think you'll end up with filing fees and not a leg to stand on. He's eliminated every reason or excuse as to why your son can't get the bike fixed by the dealer. Whether there's actual follow through on his word, well...

 

[pwillikers]

Aluminum can be welded. Was he able to retrieve the broken pieces? Can they be re-fabricated?

I bought a wrecked BMW R1100S that was totaled by the insurance company because the rear sub-frame mounting tab that was cast into the aluminum main-frame had broken off. $25 and ten minutes with a professional welder and it was fixed for 70K more miles.

The idea of a dealership mechanic disassembling and properly reassembling a complete bike gives pause.

I agree the construction company is acting responsibly. Take the bike to a capable metal fabrication shop and see what they say. For a couple hundred it may be as good as new.

 

[AndyA]

I don't think you get a new vin number. When my Tiger needed the frame replaced, Triumph sent a frame with the same Vin number stamped on it and required the dealership to cut off the steering head where the Vin was located and send it to them to be destroyed.

 

[MartyG Waco]

I would take him up repair offer but needs to pay Munn up front and in full. Contractor gets a receipt for parts and labor. order the frame when it comes in drop bike off for frame replacement . Also need text or email documentation that they are agreeing to pay for the damages. I record conversations and they don’t have to know Texas is a one party consent state
Contractor does not need to know that bike will be used till repairs completed

 

[slowrider]

I've been in commercial liability insurance for over 30 years. Have your son contact the Texas A&M department of Risk Management and tell them what happened. They are in charge of monitoring independent contractors hired by the school. I doubt they would approve of this contractor trying to negotiate the settlement of an on-campus "accident" without their knowledge. They may be able to help guide him through the claim process. Your son is also due a rental vehicle (most likely a car) and other out-of-pocket expenses, such as travel to and from Waco, in addition to the shop repair bill.

 

[Randyjaco]

I learned long ago, unless the guy has all the cash in hand, NEVER fail to file an accident report. As far as any insurance company is concerned, the accident never happened without the report. The guy that caused the damage has nothing more than a moral responsibility to pay for the damage. It is amazing how fast he can justify not paying, even if he is a preacher 8^(

 

[Tigerkf]

Whoever damaged the bike committed at the least criminal mischief and at worst unauthorized use of a motor vehicle (auto theft). It doesn't matter that they just relocated it, that's still theft. I'm sure that's why the construction guy didn't want the police involved. There could be exceptions to this such as being parked in a no parking zone, etc... I agree with the fact that going to court may be frowned upon by the judge since they offerd to make you whole but on the other hand they do not get to dictate how you are made whole.

I'm not sure what I would do since I don't know what year model the bike is. If its an older bike, I'd get another lock and forget about the steering lock. If it's a new bike drop it off to be fixed and get a loaner vehicle.

The last option is to just take them to small claims court!

P.S. Did you request copies of the security footage? Did he tell the officers that he wanted to file charges?

 

[btrider]

Aluminum can be welded. Was he able to retrieve the broken pieces? Can they be re-fabricated?

I bought a wrecked BMW R1100S that was totaled by the insurance company because the rear sub-frame mounting tab that was cast into the aluminum main-frame had broken off. $25 and ten minutes with a professional welder and it was fixed for 70K more miles.

The idea of a dealership mechanic disassembling and properly reassembling a complete bike gives pause.

I agree the construction company is acting responsibly. Take the bike to a capable metal fabrication shop and see what they say. For a couple hundred it may be as good as new.

Most of my thoughts above. I would think it could be repaired. Might have to disassemble steering head for heat related damage ( I have no idea what it looks like or how it works on a late model bike) When I worked at the dealership in the 80's we sent stuff to high end welding shops with great success. Things like broken off cylinder fins on a wrecked bike would come back and you couldn't tell there was ever damage. Maybe not Bubba's welding but a specialist like back in the day Bill Madding or Mac Whiteside.

 

[4loftins@sbcglobal.net]

Long story, buckle in....


My Son is attending A&M. He rides a Husky 701sm. One day he goes to class and comes out to having his bike moved from the moto parking space it was in, and there were construction trucks parked in the moto parking area. During this time *someone* broke the steering lock on his bike. This effectively totals the bike as far as insurance would care.

My Son sees the bike, sees the damage, and calls campus police. Police come, talk to my Son, assign a case number, THEN the foreman or manager of this construction crew comes up being all apologetic saying he'll take care of it, no need to get police involved, everythings OK, etc, etc. Son and this guy exchange info.

Now, if you aren't familiar the steering lock on the 701 is really easy to break. Talked to Munn and they agreed that the only real fix was a total frame replacement. We got an estimate and it was about 3500 bucks.

Son calls the Construction guy, emails the estimate, and says that he would prefer to just take the check and fix it when he has the time. Since this bike is his only transportation to school. Construction guy is telling my Son that he will only pay the dealership where the work is being done. He won't cut a check to my Son. He's even gone so far as to offer up a loaner vehicle, AND to deliver and pick up the bike to the Munn in Waco.

Now, I understand if he thinks my Son is going to just pocket the money, but why on earth is he going so far out of his way, and causing extra expense and time spent for himself in this situation? As of yet he has not admitted any fault, and keeps saying his crew "allegedly" broke the bike, and "no proof" and that he's "doing this out of respect and kindness" against my Son's word, etc.


Thing is, there is no dealership for this bike in town. Closest is Waco. And it takes months to get a new frame built and shipped, and it takes about a week (25-ish hours shop time) to do the frame swap, THEN we have to go through and change the VIN on all our documents, etc....


What does TWT think about all of this? I personally don't see what his deal is. Even IF my son was going to pocket the money what would it matter? They broke the bike, they owe my kid for the reduced value of the now broken bike. Thoughts?

Send a letter to the TAMU BOD. Dont screw around. This saga could drag on for years.

If that foreman gets fired and there is no LEO reports your gonna eat the $3500.

Escalate it ASAP while the construction company is still doing work on the campus.

He did not want the police involved because they have probably broken other students stuff.

My son is an engineering student at TAMU. He literally does not have time for anything but school and some sleep. They need to fix this ASAP ir it could impact his grades/career.

 

[viffer07]

Was a Police Report made? Maybe Campus Police can speak with the foreman seeing that the construction company obviously has a contract with A&M. If I was your son, I would explain to the foreman why the cost was so high and that it is going to take a long time for dealer to fix (I would also record all conversations now.) Maybe that will get him to get the company to write a check. If not, the next step is contact the company and go over the foreman's head. If that goes south, your son's only recourse is civil claims court. Were there Cameras around? I would again get with campus police and see if they can get footage before it is discarded.

None of this will get immediate transportation to your kid. IF foreman offered a loaner vehicle, I would definitely take him up on that.

see if campus security has any camera footage for use when foreman gets ******!