I bought a second-hand motorbike from a dealer. About a month later I was riding along a motorway and went to exit up a slip road when the bike seized up in 5th gear.
My sphincter went tighter than a balloon knot as the next few seconds went into slow motion. I ended up getting spat off and bust my arm among other things. Since then the long story short is the dealer basically told me to poke off and that if I wanted any comeback I shouldn’t have bought a second hand bike. Am I stuffed or do I have a claim?
This sounds like my worst nightmare and I think my sphincter may have failed me in this situation ruining some good leathers. As for your case you may well have a claim because you were a ‘consumer’ and the dealer was a ‘business’. As such, the Sale of Goods Act 1979 applies and motorcycle should have been of satisfactory quality and reasonably fit for the purpose it was intended i.e. riding on the road.
As for proving your case, evidence is going to be the key. Therefore, whatever you do, do not let the bike get scrapped as you will need an expert engineer to look at the gearbox. To win your case you will have to “prove on the balance of probabilities” that the bike was defective when the dealer sold it to you.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.