Negligent service

Negligent service

I took my GS1200 to my local dealer. They assured me it was all serviced properly and I handed over my hard-earned cash. Literally after about 10 miles on the way home the rear wheel seized up.

I nearly stayed on, but the bike snaked and I ended up stacking it into a ditch. I think the dealer had forgotten to fill up the drive shaft with oil and it seized, as my mate couldn’t get the wheel to turn when he picked it up from the scene of the accident and loaded it into his van.

The next day my wife called the dealer (I was still in hospital with a broken leg and broken wrist). However, the dealer basically fobbed her off and said it was probably my fault. What should I do?

Answer

Evidence, evidence, evidence. Do not let the bike go anywhere. I suspect you may well have a claim against the dealer for providing negligent service.

However, you have to prove the negligent service caused you to fall off ,so you will need an expert to look at the bike and provide a report. If s/he confirms why the wheel seized up, and that was down to the dealer not refilling the drive shaft with oil, etc. then you will be able to sue the dealer for your losses.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly May 2019

Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

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Posted by Andrew Prendergast. Last modified: November 4, 2019 at 11:57 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.

About Motorcycle Monthly

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The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.

White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.

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