Tangled brake

Tangled brake

I fell off my motorbike and broke the front brake lever and master cylinder. My fully comprehensive insurer jumped in and sent it to my local dealer for repairs. All was well… or so I thought.

I picked the bike up and got all of two miles when the front end locked up and I fell off breaking my pelvis and both arms. I got whisked off to hospital and am currently getting bed baths from some very attentive nurses (it’s not all doom and gloom!).

My mate kindly picked up the bike from the police pound. He has shown me photos and the right brake front caliper is missing. I reckon the bolts fell out and it got tangled in the wheel.

The dealer now wants to pick it up to inspect it. Should I let them? Also, I have finance on the bike and don’t see why I should pay it while I can’t ride the bike due to the dealer being an idiot. What do I do?

Answer

Firstly, I’m loving your sense of humour. I hope the nurses are gentle with you! Whatever you do, do not let the dealer take the bike away. That is your evidence and without it you may not be able to prove they did anything wrong.

While your explanation seems likely i.e. the brake got tangled in the wheel, you still need to prove your case in front of a judge if liability is denied.

To do this you will likely need an expert engineer’s report. Hopefully she/he can look at the bike and ascertain what caused you to fall off i.e. if there are marks on the wheel, or the brake pipe is stretched and snapped etc.

As for the finance payments, unfortunately if you have entered into an agreement to make monthly payments etc. you still have a liability to pay those even if you cannot use the bike. Therefore if you just stop making payments the finance company can and will likely take you to court for their money.

Andrew Prendergast

Motorcycle Monthly October 2017

Posted by Andrew Prendergast. Posted on: December 28, 2017 at 12:00 am

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.

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