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Old 11-23-2010, 04:10 PM   #21
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Quote:
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the way i understand it as it has happened to me and my brother if you are in a wreck on private property with another driver your insurance covers you and their insurance covers them.
Either way, a dumb driver was at fault, NOT the employee. I dont see how the dealership could be held liable in any way. I agree, they are being about recovering the fees, but they should not have to pay for a bike. Any estimate fee has ALWAYS been covered in my experience (on cars), Your insurance company or lawyer should be fighting that. , you should be getting a settlement for being without a bike, interest lost, etc. from HIS insurance company, or HIS pocket.

I thought there was some TX law deeming parking lots as public property. That is why they can give seatbelt tickets in parking lots.
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Old 11-23-2010, 05:22 PM   #22
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For once it was a good thing that the cops showed up and wrote out a police report that detailed it was the truck drivers fault. If that had not happened I would may have been screwed all together. Mancuso would not even give me a contact for their insurance company when I asked for it. They just said I need to deal with the truck drivers insurance to get it taken care of. Which was a pain and I had to get a lawyer to write a threatening letter to get an offer out of them.

I'm pretty sure that the guy from the service dept is a tech, but don't know for sure.

The reason that the insurance company won't pay for the damage estimate is because they never asked for it and Mancuso apparently did it on their own and wants to get reimbursed for it. Which has now come out of my pocket or Mancuso will not release the bike to the insurance company, and the insurance will not give me a check for the bike until that happens. It was either argue for another month or lose out on some money to get paid now....
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Old 11-23-2010, 05:35 PM   #23
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Old 11-23-2010, 05:37 PM   #24
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Keep fighting and claim emotional distress and sue for a new bike lol
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Old 11-23-2010, 06:00 PM   #25
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Old 11-23-2010, 10:17 PM   #26
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Legal aside. I am not a lawyer and have yet to see our resident lawyer chime in on this one but I would be very interested to get his take.
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Old 11-23-2010, 10:44 PM   #27
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Man this is really not so difficult to figure out!

1. Was JS600 at fault? NO
2. If Mancuso had not been riding his bike around would it have gotten damaged by the truck driver? NO
3. Who has the right of way in a private parking lot? No ONE
4. So who was negligent? Probably the truck driver?
5. Who's hands did JS600 deliver his bike into and should have expected to return in the same or better condition. Mancuso (they did a brake job and delivered the bike totaled!)
6. If a Mancuso representative chose to ride his bike around the lot then he should have made sure the bike was always protected from damage. HE DIDN'T!

I think this should have been between Mancuso and the truck company but I'm sure the lawyer thought perusing the truckers insurance was the path of least resistance because the cops put the driver at fault. I'm not really sure how they concluded that though. There are no traffic laws in a parking lot. You'd really have to prove he was being negligent.

Just my humble opinion.
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Old 11-23-2010, 11:11 PM   #28
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Quote:
Originally Posted by js600 View Post
For once it was a good thing that the cops showed up and wrote out a police report that detailed it was the truck drivers fault. If that had not happened I would may have been screwed all together. Mancuso would not even give me a contact for their insurance company when I asked for it. They just said I need to deal with the truck drivers insurance to get it taken care of. Which was a pain and I had to get a lawyer to write a threatening letter to get an offer out of them.

I'm pretty sure that the guy from the service dept is a tech, but don't know for sure.

The reason that the insurance company won't pay for the damage estimate is because they never asked for it and Mancuso apparently did it on their own and wants to get reimbursed for it. Which has now come out of my pocket or Mancuso will not release the bike to the insurance company, and the insurance will not give me a check for the bike until that happens. It was either argue for another month or lose out on some money to get paid now....
I would call your insurance company and/or lawyer before you did that. I guarantee Mancuso didn't have insurance to cover that otherwise they wouldn't have pulled the games.

The bike was totaled in THERE possession so they are responsible for making it right...it doesn't matter who is at fault in the accident, that is separate.

It's no different than getting your car serviced and it's totaled when the service writer is diagnosing it on the test drive. The fact that they are trying to make MORE money out of the deal on the side with BS fees is ridiculous. They are owed $298 for the work provided but the damage assessment they can of if you didn't request it. I would go after them just for the principle.

Your insurance should only cover what the truck driver and Mancuso's insurance doesn't cover....
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Old 11-23-2010, 11:15 PM   #29
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Quote:
Originally Posted by Got-Busa? View Post
I would call your insurance company and/or lawyer before you did that. I guarantee Mancuso didn't have insurance to cover that otherwise they wouldn't have pulled the games.

The bike was totaled in THERE possession so they are responsible for making it right...it doesn't matter who is at fault in the accident, that is separate.

It's no different than getting your car serviced and it's totaled when the service writer is diagnosing it on the test drive. The fact that they are trying to make MORE money out of the deal on the side with BS fees is ridiculous. They are owed $298 for the work provided but the damage assessment they can of if you didn't request it. I would go after them just for the principle.

Your insurance should only cover what the truck driver and Mancuso's insurance doesn't cover....
+1
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Old 11-24-2010, 12:32 AM   #30
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Old 11-25-2010, 10:54 AM   #31
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Quote:
Originally Posted by Got-Busa? View Post
I would call your insurance company and/or lawyer before you did that. I guarantee Mancuso didn't have insurance to cover that otherwise they wouldn't have pulled the games.

The bike was totaled in THERE possession so they are responsible for making it right...it doesn't matter who is at fault in the accident, that is separate.

It's no different than getting your car serviced and it's totaled when the service writer is diagnosing it on the test drive. The fact that they are trying to make MORE money out of the deal on the side with BS fees is ridiculous. They are owed $298 for the work provided but the damage assessment they can of if you didn't request it. I would go after them just for the principle.

Your insurance should only cover what the truck driver and Mancuso's insurance doesn't cover....

+1



Mancuso = CROOK....

ALWAYS has been...

Ofcourse most dealers are crooks...I have worked for 2, and dealt with MANY.....The only dealer that I know to have truly honest owners and ethics is Pasadena Kawasaki.... I worked for them many years ago and the main owner in a genuinely good guy.... I won't have to do with any other dealers locally....or most shops for that matter...

(Although I did get some tires installed on my 1000 at 2 Wheel Toys yesterday and the guy did a good job and didnt scratch forks, swing arm or wheels....so I was happy about that....)
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Old 11-25-2010, 11:01 AM   #32
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Old 11-25-2010, 01:00 PM   #33
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Old 11-25-2010, 08:58 PM   #34
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Just take the truck driver to small claims court. Easy win, and they probably will settle prior to trial.
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Old 11-26-2010, 02:12 PM   #35
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Quote:
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+1



Mancuso = CROOK....

ALWAYS has been...

Ofcourse most dealers are crooks...I have worked for 2, and dealt with MANY.....The only dealer that I know to have truly honest owners and ethics is Pasadena Kawasaki.... I worked for them many years ago and the main owner in a genuinely good guy.... I won't have to do with any other dealers locally....or most shops for that matter...

(Although I did get some tires installed on my 1000 at 2 Wheel Toys yesterday and the guy did a good job and didnt scratch forks, swing arm or wheels....so I was happy about that....)
+1 I also know the guy with Pasadena Kawasaki and he is genuinely a good guy.
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Old 11-26-2010, 03:20 PM   #36
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Quote:
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+1 I also know the guy with Pasadena Kawasaki and he is genuinely a good guy.
I have NEVER heard a bad thing about Kaw of Pasadena. I refer everyone there. Honda of Houston has always been good to me. I have no clue for yamahahaha or susucki.
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Old 11-27-2010, 04:00 AM   #37
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It sucks that this happened to you but i never had any issues with Mancuso, when i wrecked, my bike was stored at their facility for more than 3 months, they even delivered the bike back to my place free of charge! Mancuso gave me an estimate and adviced me that since the damages were very minor that i could fix it myself..... They never Performed any jobs without my permission, all Mancuso did was putting my bike on a battery tender for the whole 3 months that it was stored there and did not charge me a dime for it.... I really appreciate their support specially when i didnt even buy my bike from them!

Now on the accident, it is obviously not the dealership's fault, if it wasnt for the truck driver this would have never happened. You saw the whole thing happen in front of your eyes and you admitted that it was due to the truck driver's negligence that he t boned your bike, so why blame it on the dealership when all you had to do was to claim it on that guy's insurance?

What If you go test drive a brand new car and get hit by a drunk driver in a private parking lot, would you take legal action against the dealership or the drunk driver that hit you?
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Old 11-27-2010, 09:33 AM   #38
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frank got a good point there!

but i think that the whole situation is F*ed up!!
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Old 11-27-2010, 11:02 AM   #39
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To the TSer...
Do you have insurance?

If so you should have contacted them for assistance.
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