QUESTION
How do I proceed with motorcycle malfunction?
Asked on Aug 01st, 2017 on Personal Injury - California
More details to this question:
I purchased a new motorcycle at dealer that had $500 miles but was considered a new purchase since it has never been purchased before. I was given 3 year warranty or $30,000 miles whatever came first. The motorcycle purchased was a 2016 BMW S1000RR. At around 1,000 miles, I had a malfunction before taking a freeway exit ramp. The bike got totaled and I suffered fractures in my lower back with other more minor injuries. I captured the malfunction on footage, so I have proof it did indeed happen. My only concern is that in the video it also shows my speed which was slightly greater than the speed limit. I went online and looked over my warranty and I found the following "Racing will automatically void the warranty as all products in the BMW line have been designed for road use. Off-roading, too, may void the warranty if the technician determines that the motorcycle has been subjected to extreme conditions '. I looked up what my scenario of the malfunction was and I saw multiple forums online of people having the same problem, but I also looked up if my bike had a recall for that reason and it did not have a recall. I was not racing but I was over the speed limit. Do I have a chance with a case? I don't believe it was rider error. I’ve had many bikes before and this has never happened to me (motorcycle went from 3rd gear, into neutral, skipping 2nd gear, when downshifting before taking the turn) . Currently BMW has the motorcycle and will try to find the problem. If they are to say there was no problem, would it be okay to show them the footage?
1 ANSWER
I personally do not understand how the video would show the malfunction occurring but will assume that what you say is true. I would try to find out why a never sold before bike already has 500 miles on it; was it passed from dealer to dealer because it was a lemon, etc. Driving 5 mph above the speed limit could not be considered racing [unless you are competing against another motorcycle], especially because speedometers are not that accurate.? If you think nothing on the video is really harmful, you can tell BMW since they will eventually see it. But even if they agree it is a defective bike, all they probably will do is repair it. They probably will not offer anything for loss of use and definitely nothing for bodily injury and medical bills. You should see an attorney who handles such cases and find out what they think you should do. Most attorneys will give a free 15-20 minute initial meeting, although they may not tell you much of substance.
Answered on Oct 10th, 2017 at 1:06 PM