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Discussion Starter #1
Damage occurred to 2 bikes

2005 Yamaha R1 Raven 1200 miles
2005 Yamaha R6 600 miles

My girlfriend and I went up to a place called Wisconsin dells to play in the indoor waterparks for the night/day...we took the bikes because it was great weather. On the way home we stopped in at a place to ride a roller coaster and mess around in an amusement park...we came out after being there for awhile and I noticed all of these white specks on my bike...trying to figure out what it was when this guy walks up and says..."It's white industrial paint, there painting the ferris wheel" :pisson My bike and my girls bike is totally covered in white specks of paint :eek: ...its on the back of the headlight cluster, on the rear shock and spring, front forks, seats, I mean its everywhere. We filed a police report and we also got the insurance information for the guy :chair who was doing the painting but he said he was subcontracted onto another guy and gave us his contact information also.

Here are my thoughts...because this is absolutely everywhere the bikes would basically have to be taken apart in order to get at it all.....this could put us out of commission for at least a week maybe longer...not to mention that they would have to take apart the bike which is just asking for trouble not to mention it would be very costly to do. I am thinking that I am going to demand that they replace the bike because they are basically brand new and considering how it will be nearly impossible to get at all of the paint spray off, either that or ask for a sizeable settlement and then have it detailed and then pull both bikes apart during the winter and finish the job.

Anybody an attorney out there?? What are your opinions?? :feedback I would like to know if my proposal will fly....I do know a guy that had this happen to his car awhile back and he got a new car out of it.
 

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Hopefully its a well off contractor ..otherwise if its some small 2 guy operation you might win in court but never see a dime or at least not for a long time and not all of it.
 

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Lets see a picture. Sounds really crappy, but did you see the wet white stuff you rode through?

Sure they're liable, but replacing a bike is a bit much. Hopefully they can pay for repairing/repainting + inconvenience.
 

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This sucks really bad.

Do a search on ......comminback......and send him an E-mail and a PM.he's an attorney.
 

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Discussion Starter #6
BentValve said:
Hopefully its a well off contractor ..otherwise if its some small 2 guy operation you might win in court but never see a dime or at least not for a long time and not all of it.
Maybe I wasn't really clear....the bikes were sitting...they got full of the stuff by the wind...the guy was painting the ferris wheel and it drifted through the air....so its ALL OVER the bikes.

I know a body shop can polish out...but how are they going to get behind the instrument cluster and the back of the headlight cluster?? They had no warning signs out there stating what they were doing....by the way...I wasn't the only one....about 10-12 cars got it too
 

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Why was that guy painting during operating hours... that is just retarded. I paint and last summer our spray guy got white mist on a black suburban, we wpent about 15 man hours getting all the specks off, that really sucked.
 

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Your defendant is the amusement park. Sue the painter too, but the park is who is responsible. Your demands are over the top. All they owe you is damages, repairs and maybe something small for lost use. A "demand" for new bikes is unlikely. Anyway, any attorney would probably take this case on contingency. It doesn't seem complicated or controversial.

I doubt this ever gets to court. Call and write the park.
 

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Whatever you do, ensure that your initial demand is not just over the top, but totally unbelievable. Negotiate from that point. That will put your net-ben inline with what you can realistic expect in a settlement.
 

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If you do that, know that you risk pissing them off and not getting what you might have gotten if you were a bit more tactful in your approach. That's definately a shitty situation, but honestly that paint can be removed, and cost of removal is about all they owe you. To be honest, I would try talking to the park first, with a professional attitude. Hopefully they will appreciate the way you handle it and will be willing to compromise. If not, then sue the appropriate parties. You can always sue regardless, but why not give them a shot to do what's right and avoid stepping on any toes? All parties involve could come out better that way.
 

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Time of 1 week is extremely hard to even consider...... begin at 1 month and go up from there..... New bike will not happen in 99.9% of that sort of case unless you are there # top isnured for that company... if you spend several hundred thou a year with that company they will bend your way a little.... but only if you are a high level account holder.... Overspray sucks.

Had my brand new Z-28 polka dotted with white epoxy brigde paint....Dam that shit had to be sanded off first then buffed!!
 

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Discussion Starter #13
talked to two local yamaha dealerships and they both agreed that the bike is totalled based on the fact the paint is everywhere and they would have to take the bike apart to get at it. Waiting for the adjuster to take a look at it...have a feeling that they are gonna tell me to take it to the body shop...but the problem I see with that is a unqualified person will be taking apart the bike and putting it back together...this sucks.
 

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Wow what a horrible situation, I certainly sympathize with your situation.

An adverse insurance company is required to put you in the position you were before the incident/accident (I say adverse because comprehensive claims against your own insurance company are governed by the terms of your policy).

You are entitled to have the bike repaired at a shop of your choice. You may, however, be required to get up to three estimates. If you want the bike totaled, then I would get estimates from dealerships, as they tend to be more expensive. I would even ask the dealership from where you intend to purchase the new bike for advice on other locations for estimates (indicate your desire to have the bike totaled).

Once you have three estimates stating that the bike is totaled, get a quote for a new bike. Submit this as your claim. The insurance company may try and give you fair market value, don’t accept it. You are entitled to replacement costs.

I would talk to the adjuster as soon as possible. Relay to him your intentions, if he seems reluctant, I would let him know you plan to rent a bike and seek damages for “loss of use.” Technically, they are required to pay you for the loss of use while you wait for a new bike. This is difficult to get, and can often be what pushes a claim from quick resolution to a court battle. Nevertheless, it is a bargaining tool.

If they are insistent in that they do not want to total your bike, then diminished value will be your primary bargaining chip. A ’05 R1 than has been disassembled and repaired is worth less than one that has not. Determining how much less is very difficult though. Still, if the cost difference between totaling the bike and repairing is at all close, then throwing a fit over diminished value could likely push them into calling the bike a loss.

It seems like what is most important to you is replacement of the bike. So this is what you should really push for in negotiation. Ask for diminished value and loss of use, and use them as threats to motivate resolution, but be prepared to back off.

If all else fails, definitely get a lawyer. Let the insurance company know before you do though, as it will often speed things up. If you get a lawyer, get one who agrees to work for “recoverable attorney fees.” A contingency agreement will take money out of your pocket (30-40% of the recovery), recoverable fees are basically paid by the defendant insurance company as damages.

Oh btw, the contractor is who you need to go after. The advice about going after the park is wrong, they are not responsible for torts that occur in their lot unless you can show that the lot is unreasonably unsafe or that they are negligent in some other manner.
 

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is it latex?
 

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Also, consider involving your own insurance company. Tell them the situation, and let them know you intend to submit a comprehensive claim if not paid by the defendant insurance company within 30 days. They will become very helpful, and may appoint to you an attorney at no cost to you.
 

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Shit happens. Get some estimates and make the guy pay for the detail. I'm sure a couple paint specs that the body shop missed under the plastics will ever be noticed or effect the rideability of the bike in any way.
 

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Discussion Starter #18
Doraf said:
Shit happens. Get some estimates and make the guy pay for the detail. I'm sure a couple paint specs that the body shop missed under the plastics will ever be noticed or effect the rideability of the bike in any way.
let me get this straight....you say "shit happen"?? I won't mind the specs?? what the fuck are you talking about?? if you just invested almost 12k in a bike and have something happen that is out of your control and is 100% negligence are you gonna say...shit happens?? you won't mind the specs?? or are you gonna say "hey I want this bike back to EXACTLY where it was before i parked in your parking lot while you decided to paint a ferris wheel on a windy day"??

I want the bike back to the way it was....I will not except anything else.
 

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Discussion Starter #19
cominback said:
Wow what a horrible situation, I certainly sympathize with your situation.

An adverse insurance company is required to put you in the position you were before the incident/accident (I say adverse because comprehensive claims against your own insurance company are governed by the terms of your policy).

You are entitled to have the bike repaired at a shop of your choice. You may, however, be required to get up to three estimates. If you want the bike totaled, then I would get estimates from dealerships, as they tend to be more expensive. I would even ask the dealership from where you intend to purchase the new bike for advice on other locations for estimates (indicate your desire to have the bike totaled).

Once you have three estimates stating that the bike is totaled, get a quote for a new bike. Submit this as your claim. The insurance company may try and give you fair market value, don’t accept it. You are entitled to replacement costs.

I would talk to the adjuster as soon as possible. Relay to him your intentions, if he seems reluctant, I would let him know you plan to rent a bike and seek damages for “loss of use.” Technically, they are required to pay you for the loss of use while you wait for a new bike. This is difficult to get, and can often be what pushes a claim from quick resolution to a court battle. Nevertheless, it is a bargaining tool.

If they are insistent in that they do not want to total your bike, then diminished value will be your primary bargaining chip. A ’05 R1 than has been disassembled and repaired is worth less than one that has not. Determining how much less is very difficult though. Still, if the cost difference between totaling the bike and repairing is at all close, then throwing a fit over diminished value could likely push them into calling the bike a loss.

It seems like what is most important to you is replacement of the bike. So this is what you should really push for in negotiation. Ask for diminished value and loss of use, and use them as threats to motivate resolution, but be prepared to back off.

If all else fails, definitely get a lawyer. Let the insurance company know before you do though, as it will often speed things up. If you get a lawyer, get one who agrees to work for “recoverable attorney fees.” A contingency agreement will take money out of your pocket (30-40% of the recovery), recoverable fees are basically paid by the defendant insurance company as damages.

Oh btw, the contractor is who you need to go after. The advice about going after the park is wrong, they are not responsible for torts that occur in their lot unless you can show that the lot is unreasonably unsafe or that they are negligent in some other manner.
thank you...now this is great advice....I appreciate you taking the time to reply.
 
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