However, when I rode it home the front brake suddenly locked up and spat me off. I got hit by a car coming the other way and I will be off work for four months. I’m self employed and I’m in the poo to put it bluntly.
The dealer has told me to go away as it was fine when I left them and as it’s a 2009 model there is no warranty. I have since found out that if the bike had aftermarket levers on (which mine did) then they should have been put back to standard when doing the master cylinder fix. Can I claim against the manufacturer? Or the dealer? Or am I screwed as it’s an old bike?
Just because it’s a 2009 model doesn’t mean you can’t claim. The key to winning your case is proving the master cylinder fix caused you to fall off. If you can’t do that you will lose.
Whatever you do don’t let anyone take your bike away – you need an independent engineer to look at the recall notice instructions, inspect your bike and advise on the “balance of probabilities” of what caused you to fall off.
If the front brake was binding on because of the dealer’s shoddy work then you claim against them. However, if they followed the recall instructions properly and they didn’t mention changing the aftermarket levers back to standard you claim against the manufacturer.
Motorcycle Monthly October 2014