The bike duly went into the dealer for its first service. They did the work while I waited, then off I went. Unfortunately, on my ride home, I lost the rear end and fell off. Thankfully nothing was hurt except my ego, and another friendly biker stopped and helped me pick up my pride and joy, now with some war wounds.
I initially thought it was rider error. However, the other biker spotted that the rear wheel was coated with oil. We tracked that back to a leak that emanated from the oil filter area and that caused me to fall off.
The dealer is telling me it is a brand-new bike (covered by a manufacturer warranty) and that I should claim via the manufacturer. My insurer is telling me it is “one of those things” and to send the bike to a repair centre for repairs (I am covered fully comprehensively).
I have footage of the accident happening on my helmet cam showing the rear end just letting go. I also have photos and video of oil all over the tyre and the leak from around the oil filter. What do I do?
Answer
I am genuinely gutted for you. A new bike should be a fun experience. On the plus side, thankfully you are not hurt. As for the bike, the law is quite simple. If the cause of the accident was, for an example, an improperly fitted oil filter at the first service, which leaked and caused the accident, then you can claim against the dealer that did the work. This is because they must carry out the work with proper care and skill.
If I were a betting man, this seems the more likely reason as it was just after the service.
If, however, the cause of the accident was a defective motorcycle (I am thinking along the lines of a faulty casting that allowed oil to escape), then the easiest way to bring a claim is against the dealer that sold you the bike. This is still the case even if they say you need to speak to the manufacturer – ie, because they, the dealer, said they didn’t know about the defect.
That might seem unfair on the face of it, but you can follow the logic – ie, the sale contract was between you and the dealer and if they sold you a faulty bike, your claim is against them.
As for your fully comprehensive insurer, they appear to be talking utter cobblers as it is not just “one of those things”. You could claim on your insurance policy, but I don’t see why you should.
At this stage, I would go back to the dealer to see if they will take responsibility to fix this. I suspect they may well do, but if they will not, then you may need to issue court proceedings against the dealer. Before doing that, I advise you get an initial engineer’s report on the bike to identify the cause of the leak. That will give you the answer as to how to advance your claim. Lastly, save and keep copies of the photos and videos as they will be key evidence.
Andrew Prendergast
RiDE – May 2026
