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Discussion Starter #1
So my new to me brutale had idle issues most likely from the pcu and I broke down and decided to take it to a shop. Unfortunately I picked the dealership closest to me instead of going to Georgia which was a couple hours farther.
The bike was only supposed to be there a couple days which turned into a month. The week I was going to pick it up even though it hadn't been fixed I was informed the shop burnt down. That was labor day. Finally today I got to see pictures. Turns out there wasn't any damage from the fire but the chemicals used to put out the fire cause the aluminum to flake and metal to corrode. They are most likely going to total it and my insurance pay for it for reasons I dont understand the shops insurance isnt covering it. It has been a shitty couple months. Forgot to mention that I only got to ride it for 6 days. And the shop was the worst business i have ever dealt with.
 

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Umm.. I would seriously talk to a lawyer IF you haven't already. I am pretty confident the shops insurance is suppose to handle such situations.
 

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...and, if the bloody thing is able to run, inquire about buying it back from the insurance company and restoring it.
 

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Discussion Starter #6
At one point my insurance said that there insurance probably wouldn't cover everything anyways because of a maximum amount. They also said something about if it's an accident they might not be responsible. I'm planning on buying it back as long as it's not a ridiculous price. I didnt have it long but fell in love anyway.
 

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Your insurance company will go after theirs....it's called subrogation. They will want to recoup their losses since it was the shop's fault the damage occurred.

This will be under your comprehensive coverage. Hope your deductible isn't too big. If they recoup the costs they will refund your deductible...even if it takes them a few years to work through the courts.

Where's the front fender???
 

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Ed is correct, your company will subrogate... However, there is such a thing as liability limits meaning that the overall policy coverage in $$ is less than the loss incurred. In that case, getting your deductible back depends on whether your insurance company is first or last to settle. This blows but you might look at buying the bike back while putting few additional benjamins in your pocket... while you are at it, check on whether you can take the RC8R off their hands too
 

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Discussion Starter #9
The front fender is in my garage. 6 days after buying it someone shifted into reverse at a stoplight and broke it off. Haven't had much luck with this bike.

Already thought about the Rc8r. That was/is a sweet bike.
 

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At one point my insurance said that there insurance probably wouldn't cover everything anyways because of a maximum amount. They also said something about if it's an accident they might not be responsible.
Are they trying it on? Isn't insurance taken out to cover all eventualities of accidents?

Whilst there are other with greater knowledge than I, surely if a policy holder suffers damage and/or loss, a claim must be honoured whether the cause be arson or an 'accident'?

Most importantly though, I hope you (MVnFast) get this resolved without too much more down time.
 

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Discussion Starter #11
I got this message today. I'm leaving out the shops name.


We have been in constant contact with the insurance adjuster that covers the bikes that were at *shop* at the time of the accident. Do to the nature of the fire their (sic) are multiple parties attempting to discover who is actually liable for the fire, including a battery manufacturer. consequently this claim process could take a while!

I have been advised to tell *Shop* customers that the best course of action at this time is to file with your own insurance. The Insurance companies will then work through the claim toward a final settlement. This should mean you will not have to wait as long to get compensated.

Please direct your insurance agent/adjuster to contact us with any questions at:

I hope its resolved soon too the down time is driving me crazy. It has already turned cold so there goes the summer rides for this year.
 

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Ah, the all to familiar, 'deflect and deny' and 'pass the buck'. But for your peace of mind it's good that you've had correspondence and now - as other members have forecast - it's time to allow the insurance companies to battle it out.

As a point of interest, do you have a 'loan bike' or 'hire bike' clause in your insurance contract? It might be 'hidden' within the fine print!:wink2:
 

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Thats actually a rather standard format when there is a dispute of liability. The shop & its insurance are going after the battery manufacturer and at this time are not accepting the liability. Filing this claim through your own insurance may be the best option you may have for a while. What sucks is that using your own insurance you will be on the hook for the deductible....
 

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Discussion Starter #14
So my insurance has everything done and I'm almost happy with the total amount. I'm buying my bike back and told them if they could get it towed to me 250miles away so that I dont have to ever step foot in Yorktown Va. ever again that I would overlook the difference on value.

BUT: Atm the shop is trying to charge the insurance companies (that are already picking up their bill) for storage on 200 bikes at $25 a day. It's been over a month so do the math. Bikes that none of the owners are allowed to pick up even if they want to. They also want to be paid for any work done on the bikes before they were damaged which isnt as douchbagish but still. WTF

My insurance hasn't been very receptive to the idea of a rental or loan vehicle and I'm not sure there is a clause in the contract. I feel like they are getting screwed along with me and haven't pushed it though. Even though I'm down the bike and one broke down cager.
 

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Seems to be working its way out, albeit not as smooth as you'd wish.

Very interesting point (legally) you raise about the store requiring payment for 'work done' prior to fire. One would hope they have records to support the amount of owed hours and parts, but I suspect that they too would have been 'lost' in the fire. Surprise, surprise!!

From the 'reasonable person's' perspective, it seems appropriate that the store does not suffer loss of previously expended monies on parts and labour. That though, should be an issue between insurance companies and not the store Vs owner.

Anyone on here with the necessary legal experience/qualification to clarify this - for interest sake? Thanks in advance!
 

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Discussion Starter #16
I actually went to the shop a week after the fire. The showroom with parts counter and new bikes 4sale was open for business. The shop area took all the damage. Therefore I assume all the records and repair orders are in good shape. If they fixed the bike I would be more than happy to pay but I'm sure they didnt touch it after I left it there.

Storage though.. that ain't happening
 

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MVnFast, did you get your bike out of the shop? If the bike is still there, it may be accruing storage. Usually storage is paid by insurance. However, some insurance companies will charge back client's settlement if the storage (or advance fees as they are known in the industry) are deemed excessive by insurance.

In Commiefornia, any work done by a repair facility must be approved by the vehicle owner PRIOR to work being done. If you approved work and it has been performed then the shop is owned the sum agreed upon. If not, then any unauthorized charges can be argued to the Bureau of Automotive Repair. It can end in small claims court, which is almost always on the side of the consumer.

Anyway, look into what your local laws are and speak to your insurance company on how they will handle the advance charges with the repair facility to make sure your settlement doesn't get impacted.
 

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Discussion Starter #18
I didnt approve any work but I did sign a Repair Order that I'm sure they can add what they want to add after my signature.

I got the bike this evening. And to add insult to injury someone at the shop stole my rizoma mirrors off the bike before the tow truck picked it up during the time my insurance was paying the storage fees for the bike being there. That's the kind of people that own and/or work at this shop. Which btw is Redline Performance Motorsports in Yorktown, Virginia. I figure they will file bankruptcy and open under some other name so I suggest staying away from any Ducati dealer in Yorktown. Just to be safe.

The bike isnt too bad aside from melted turn signal and some burnt chips in paint on gas tank but I'm pissed about the mirrors.
 

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Should have taken the mirrors out of the storage fee, or sue them for the mirror value since they were stolen with it in their care.
 

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You can clearly see your mirrors in the first pictures you posted so I would go back to them and ask where they went. If they don't want to cooperate then I'm sure you can let them know you can involve other parties to figure out where they went.

There is also the off chance that the person towing it used canyon dancers on it so you may want to check to see if they removed them and just forgot to give them to you.
 
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