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Dealership - who responsible?

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ThunderGuts
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Joined: 13 Nov 2018
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PostPosted: 10:42 - 08 Jan 2022    Post subject: Dealership - who responsible? Reply with quote

So a thought crossed my mind; what happens if a bike gets nicked while in for servicing at a dealership? Is it covered under their insurance or would I be expected to claim on my own? Just wondering if there’s a standard position (as opposed to some specific policy the dealership has).

Cheers
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MarJay
But it's British!



Joined: 15 Sep 2003
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PostPosted: 11:06 - 08 Jan 2022    Post subject: Reply with quote

I know this has come up on here before. By and large the dealerships insurance pays for it, but there has been some contention where the dealership had completed work and informed the owner, but he didn't pick it up immediately or something...

It's been a while since that thread, so I could be misremembering.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 14:25 - 08 Jan 2022    Post subject: Reply with quote

Can't see them or their insurance company paying up unless the dealer had been negligent in some way.
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Polarbear
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Joined: 24 Feb 2007
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PostPosted: 16:18 - 08 Jan 2022    Post subject: Reply with quote

Ste wrote:
Can't see them or their insurance company paying up unless the dealer had been negligent in some way.


Are they not obliged to take responsibility for the vehicle while in their care? I must admit I assumed (with nothing to back this up) that they were.
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notabikeranym...
Formerly known as
meef



Joined: 02 Apr 2014
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PostPosted: 21:58 - 08 Jan 2022    Post subject: Reply with quote

I imagine it would come under tort law as negligence.

Regardless of whether they called you up to come get your bike or not, under consumer rights they have to provide their service with "reasonable care and skill". Failure to do so comes under negligence on their part and they'd therefore be liable to compensate you to the amount / position you were in before you made a contract with them.

Thing is, litigation is a bitch and it costs a lot, so you'd probably end up fucked if they contested it anyway because there's a lot of hard things to prove.

I recently was going to go after the BMW dealership who didn't install the tracker on my M1000RR that got nicked, a mix of failure to provide a service with reasonable care and skill as well as slapping some false misrepresentation on it because they basically said "Your bike has a fully working tracker", but then realised it would cost an arm an a leg to sue BMW. Their legal team would have a field day until I run out of funds or steam so it's not worth it.
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steve the grease
Crazy Courier



Joined: 26 Jan 2018
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PostPosted: 04:28 - 10 Jan 2022    Post subject: Reply with quote

Custody and control.
The bike or car is under my custody and control from when you drop it off and give me the keys, to when you pay the bill, and I say thanks very much, here's the keys.
Don't pay the bill and you may well discover that the vehicle literally is under my custody and control, because I have the power to keep your vehicle until it's paid for. As such your vehicle is covered by my insurance, if the garage burns down at night, it's my insurance that will be buying you a replacement bike.

The exact wording is " Held in trust by, or in the custody and control of the policy holder for motor trade purposes."
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Moth
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Joined: 30 Dec 2021
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PostPosted: 05:20 - 10 Jan 2022    Post subject: Reply with quote

steve the grease wrote:
Custody and control.
The bike or car is under my custody and control from when you drop it off and give me the keys, to when you pay the bill, and I say thanks very much, here's the keys.
Don't pay the bill and you may well discover that the vehicle literally is under my custody and control, because I have the power to keep your vehicle until it's paid for. As such your vehicle is covered by my insurance, if the garage burns down at night, it's my insurance that will be buying you a replacement bike.

The exact wording is " Held in trust by, or in the custody and control of the policy holder for motor trade purposes."


This is the internets mate & most of them haven't had their medication.

Please stop with your sensible take on reality, they will mob you & bury you in the fog of their nonsense.

Everyone here knows that if their bike disappears when parked at a dealers then obviously it's their fault & nuffink can be done.
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ThunderGuts
World Chat Champion



Joined: 13 Nov 2018
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PostPosted: 16:18 - 12 Jan 2022    Post subject: Reply with quote

Cheers for the replies; I thought I'd replied to this thread actually but apparently I hadn't. Embarassed
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Bhud
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Joined: 11 Oct 2018
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PostPosted: 21:47 - 12 Jan 2022    Post subject: Reply with quote

Moth wrote:


This is the internets mate & most of them haven't had their medication.

Please stop with your sensible take on reality, they will mob you & bury you in the fog of their nonsense.


This strikes me as a bizarre and extreme perspective. I'm just not seeing the same thing as you. I looked through the answers here and all I see is people trying to be helpful and giving answers which, while they may be incorrect, are sort of logical and reasonable. People structure their answers and you can follow their train of thought. Then, one person, probably with some experience of the motor trade, pipes up with an answer that seems more correct. You confirm this because you know it's true, having been in the motor trade yourself, or in the trade right now, I presume. I'm not picking up any hint of insanity or mob mentality here. And everyone is on the internet.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 22:14 - 12 Jan 2022    Post subject: Reply with quote

Meef wrote:
I recently was going to go after the BMW dealership who didn't install the tracker on my M1000RR that got nicked, a mix of failure to provide a service with reasonable care and skill as well as slapping some false misrepresentation on it because they basically said "Your bike has a fully working tracker", but then realised it would cost an arm an a leg to sue BMW. Their legal team would have a field day until I run out of funds or steam so it's not worth it.

Went after Mitsubishi a few years ago over a warranty issue, the dealership were (mostly) unhelpful and Mitsubishi UK were unhelpful so the next logical step was phoning the president of the Mitsubishi Motor Corporation in Japan.

As if by magic, they then decided that they would cover the cost of the work. That wasn't the end of the matter as getting them to actually give the money wasn't so easy. Despite all the excuses the dealership made about why they were unable to give me the money, when I went there with the ultimatum of are you give me the cheque or shall I go and post this paperwork to the courts, they were able to immediately give me a cheque.

That was lucky as the envelope of paperwork stamped and addressed ready to post to the courts was just full of blank paper. Laughing

I say the dealership was mostly unhelpful, when picking up the vehicle and paying for the work which should have been covered by warranty a member of staff (someone workshop related rather than management) said to me that I should keep going with the dispute as I was very nearly there. Interestingly some useful paperwork from their office about my warranty dispute had been put in my vehicle so somebody there was being helpful.

[/cool story bro]
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Old Thread Alert!

The last post was made 2 years, 75 days ago. Instead of replying here, would creating a new thread be more useful?
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