I bought a new BMW about 18 months ago. This is going to be my last bike and a retirement present to myself.
I had never had a new bike before and was super chuffed after years of saving. Me and the wife have wandered around Europe and all round the UK since getting it, having an awesome time.
The bike hasn’t missed a beat. However, the engine cases have corroded badly. The dealer has offered to replace them. However, I am not happy and said I either want the engine rebuilt at the factory or a new bike as I don’t know if the dealer’s mechanics have the skills to rebuild an engine. They have refused and now I’ve threatened to take them to court. Do you think I will win?
Firstly, I am genuinely sorry to note you are having troubles after buying your new bike. However, on the current information I think you will lose at court. A judge is not going to order your engine be rebuilt in the factory.
In addition, while it would be nice, a judge is also not going to order they give you a new bike after you have had it 18 months and put several thousand miles on it. The problem is corroded parts and in my view a judge will find you have been offered a fair and ‘reasonable’ solution to the problems your bike is suffering with.
My advice is, authorise the dealer to crack on with the repairs and then continue to explore the world with your wife.
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.