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Can a garage withhold your bike?

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Albigularis
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PostPosted: 12:12 - 05 Mar 2015    Post subject: Can a garage withhold your bike? Reply with quote

So my bike is in for an insurance repair - purely cosmetic, just fairing panels.

One fairing panel is out of stock and it's had to be ordered from overseas and 'might' be here tomorrow.

Problem is I work weekends and my work isn't even remotely accessible by public transport - you can't even walk there. My hire bike will be going back tomorrow evening and the insurance company won't extend the hire.

Do the Garage have any 'rights' as such to withhold the bike from me? Apparently I need to sign saying the job is done or they don't get paid, but it's not like I won't come back for the fairing panel and sign when that's put on.

I don't understand why they couldn't order the parts in and just have me bring the bike in for a quick bolt-on when they were in either?
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stinkwheel
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PostPosted: 12:22 - 05 Mar 2015    Post subject: Reply with quote

They can exercise a lein on your vehicle until the work has been paid for.

This isn't exactly that but I suppose has some aspects in that they don't get paid until you sign and you can't sign until the work is complete..
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Lord Percy
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PostPosted: 12:22 - 05 Mar 2015    Post subject: Reply with quote

Has a problem actually occurred yet? Or is this just to ask what we all 'think' about the possible outcomes of a situation you haven't actually looked into yet?

Why not call the garage and ask?
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arry
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PostPosted: 12:23 - 05 Mar 2015    Post subject: Reply with quote

It sounds to me that your position should be one of hiring a car for the day at a reasonable rate and then billing it back to the insurance company if they're 'unable' to extend the hire. On what grounds can't they? The bike hasn't been delivered back to you - that's not your fault.
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Minty
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PostPosted: 12:24 - 05 Mar 2015    Post subject: Reply with quote

Extend the bike hire, pay for it and charge the 3rd party as an uninsured expenses claim.

Assuming they have admited full liability.
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Lord Percy
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PostPosted: 12:31 - 05 Mar 2015    Post subject: Reply with quote

I was also going to mention claiming from the insurance company, but it depends on what the whole insurance thing is about.

I was in a crash, bike written off and was given a hire bike. My written off bike was then valued by an engineer, at which point it was deemed to have a value of £300, which is nowhere near enough to replace it... My insurance company then took the hire bike off me and told me to sort my own problems out as I'd been given the money for my broken bike. Wankers.

So I was stuck without a bike for a while, and just got taxis and sent the bill to the insurance company of the person who wrote off my bike.

In that instance it worked out for me.

So it depends on what your insurance issue is all about, I guess?
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Albigularis
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PostPosted: 13:24 - 05 Mar 2015    Post subject: Reply with quote

Minty wrote:
Extend the bike hire, pay for it and charge the 3rd party as an uninsured expenses claim.

Assuming they have admited full liability.


They have admitted in full yeah, but the person I spoke to said they only cover up to £600 in hire bike bills, which covers me until tomorrow night and no longer. Anything further, I need to pay for, at a rate of about £65/day.

I'll maybe need to call back and speak to someone else. I guess my largest annoyance is the garage just not helping me out, as I'm in a bit of a shitter.

Apparently it came down to because the garage said that the parts would be in and the bike would be ready today. That's what the insurance company paid for and they can't change it because it goes over their £600 limit.
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Minty
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PostPosted: 13:35 - 05 Mar 2015    Post subject: Reply with quote

Speak to the 3rd party and request they extend it as you are left without transport due to their insured. Explain the other option is mini-cabs at an expense far greater than £65 per day. Invite them to choose which option they would prefer as they will be getting the bill for either.

edit- Who elected to use this particular garage? If they did then that adds weight to your 'claim' as it was their garage and they appear to not be up to the job in hand.
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Rogerborg
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PostPosted: 13:37 - 05 Mar 2015    Post subject: Reply with quote

Did you choose the repairing garage, or did the 3rd party insurer select them?

[UPDATE] D'oh! Too slow. Very Happy
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arry
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PostPosted: 13:41 - 05 Mar 2015    Post subject: Reply with quote

Albigularis wrote:

Apparently it came down to because the garage said that the parts would be in and the bike would be ready today. That's what the insurance company paid for and they can't change it because it goes over their £600 limit.



Whose insurance company?
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Albigularis
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PostPosted: 14:03 - 05 Mar 2015    Post subject: Reply with quote

Minty wrote:
Who elected to use this particular garage? If they did then that adds weight to your 'claim' as it was their garage and they appear to not be up to the job in hand.


I did. They are the only Suzuki dealer in Glasgow and the insurer doesn't have specified repair places for bikes apparently...

arry wrote:

Whose insurance company?


The third party that I'm claiming from. My insurance were only notified after I had the hire bike so have nothing to do with the process.
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arry
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PostPosted: 14:15 - 05 Mar 2015    Post subject: Reply with quote

So have they stipulated on what grounds they're imposing the £600 limit? You have no contract with them - their liability cannot be limited - they are legally liable for cost of the hire bike whilst yours is not returned completed.
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Albigularis
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PostPosted: 14:17 - 05 Mar 2015    Post subject: Reply with quote

arry wrote:
So have they stipulated on what grounds they're imposing the £600 limit? You have no contract with them - their liability cannot be limited - they are legally liable for cost of the hire bike whilst yours is not returned completed.


Hm. As I said I'll call them back, they just said they couldn't do anything, but I suppose you're right.

Can't wait to get the gixxer back, motorways on this SV650 (which they never told me was restricted) are just dire.
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Rogerborg
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PostPosted: 15:19 - 05 Mar 2015    Post subject: Reply with quote

arry wrote:
their liability cannot be limited - they are legally liable for cost of the hire bike whilst yours is not returned completed.

But there is a duty to limit costs, right? If the Gixxer can be ridden and OP is happy to do it, there's no point in having it sitting around with Micky Oa... with the dealer in question right now.

If it's just panel replacements, that could be done in a day when they arrive, right?
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Albigularis
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PostPosted: 15:38 - 05 Mar 2015    Post subject: Reply with quote

Rogerborg wrote:
arry wrote:
their liability cannot be limited - they are legally liable for cost of the hire bike whilst yours is not returned completed.

But there is a duty to limit costs, right? If the Gixxer can be ridden and OP is happy to do it, there's no point in having it sitting around with Micky Oa... with the dealer in question right now.

If it's just panel replacements, that could be done in a day when they arrive, right?


Precisely. I don't even see why I needed to give them the bike to keep for over a week in the first place. The part they're waiting on is just a side fairing. 4 Allan keys and 6 plastic push pins. Could do it in less than 5 minutes. I don't see the issue with me getting the Gixxer back and popping in when they have the panel...
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Rogerborg
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PostPosted: 16:01 - 05 Mar 2015    Post subject: Reply with quote

Albigularis wrote:
I don't see the issue with me getting the Gixxer back and popping in when they have the panel...

Do you need me to dazzle them with my jacket while you ride your Gixxer away? Wink
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Albigularis
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PostPosted: 18:11 - 05 Mar 2015    Post subject: Reply with quote

Rogerborg wrote:
Do you need me to dazzle them with my jacket while you ride your Gixxer away? Wink


I might actually take you up on that, spoke to the insurance-

"Yeah we can extend it, but we will have to put in another order with the hire company"
"Okay, what does that mean?"
"They'll bring you out a bike on Monday"
"So I'm still bikeless for the weekend then if they don't fix it?"
"Unfortunately"

So if I don't get it tomorrow, that's me missing two days of a just-started job. I still don't think they have any right to keep the bike from me? It looked like (from what I googled) that they can only do so if I formally dispute the bill?
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G
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PostPosted: 19:57 - 05 Mar 2015    Post subject: Reply with quote

Albigularis wrote:

Precisely. I don't even see why I needed to give them the bike to keep for over a week in the first place. The part they're waiting on is just a side fairing. 4 Allan keys and 6 plastic push pins. Could do it in less than 5 minutes. I don't see the issue with me getting the Gixxer back and popping in when they have the panel...

So they can charge the insurance company for having it for a week?

I'd be tempted to just walk in and say "that bike there, that's mine, I'm taking it now" and see what happens.

If they want you to sign something, cross out bits not completed and explicitly state the work is not finished next to the signature.
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Rogerborg
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PostPosted: 21:28 - 05 Mar 2015    Post subject: Reply with quote

Have you got any reason for believing that Micke- that the dealer is going to cause trouble? Unless they've actually done significant work to it then they've got no basis for billing you, let alone liening it.

Go in, "give me a call when the parts are in", ride away surely?
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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Albigularis
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PostPosted: 23:14 - 05 Mar 2015    Post subject: Reply with quote

Rogerborg wrote:
Have you got any reason for believing that Micke- that the dealer is going to cause trouble? Unless they've actually done significant work to it then they've got no basis for billing you, let alone liening it.

Go in, "give me a call when the parts are in", ride away surely?


That's what I asked and they said it's not possible, so Ill be eagerly awaiting a phone call tomorrow. No idea why they won't do it. Where can I find the law on liens etc?
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andyscooter
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PostPosted: 08:22 - 06 Mar 2015    Post subject: Reply with quote

might sound daft but have you seen your bike

even though you said it only needs this and this doing they may of found something else

mrs took a car into be repaired and popped in to see how they were getting on
just waiting for a bonnet was the reply

there was f all wrong with it when we took it in and the bonnet had been taken off and set about with hammers by the look of it

so wonder if they have done similar to up the moneys off insurance
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Rogerborg
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PostPosted: 08:37 - 06 Mar 2015    Post subject: Reply with quote

Albigularis wrote:
That's what I asked and they said it's not possible

What, Mickey Oates said you can't have your bike back until it's been fixed and paid for in full? Even though it's now past the date that they said they'd have it done by, and they presumably haven't done anything significant to it?

I think they're mistaking a customer paying for a service once it's been done with a dealer doing you some sort of a favour by storing your bike.

That seems extreme even by dealer standards.


Albigularis wrote:
Where can I find the law on liens etc?

Dunno, that's civil, not really my bag.

I hope to hear that wires have just got crossed here.
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GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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