Motorcycle transport dispute - advice required

**dreamR** · 18th January 2011, 17:21

hey guys, i am having a dispute with the company which transported my bike to me when I bought it.

I dont think it would be in good taste to name and shame them at this point, but lets just say they're one of the main 3(ish) bike transporting companies in NZ.

This is a bit of long story but put simply, the bike turned up with a nasty gouge on the right hand side of the tank which it should not have had.

The situation is that the old owner claims the damage was not there when it left him, and that he signed a transport company document showing damage to the left side of the tank (very minor scratches in the clear coat) and that he DID NOT sign for any damage on the right hand side of the tank. I have his statement in writing(email). Needless to say the document that arrived with the bike had damage reported on both sides of the tank.

I have been trying sort this out since before xmas, with the transport company owner claiming numerous times to get back to me, without returning any calls at all. I managed to get hold him today whereby he has said that he doesn't beleive the old owners claim that the damage wasn't there, and beleives his own driver who claims the document was signed for both sides of tank. He however has agreed to pay half the amount for the damage (total repair cost about $300).

A couple of comments from members of this forum reckon the damage was most probably done from something rubbing against the paint work continuously (i.e. a fallen harley davidson riding next to it, or a tie down strap/buckle!!!!). The bike painter I took the bike to for a quote on the damage also pointed this out when assessing the it. this type of damage would be very hard to do under normal circumstances, i.e. not a single part of the bike has any damage in a region which could suggest a crash.

It is pretty clear to me that the damage has occured during transport, either way one party is lying, and logic says that it isnt the old owners. They were great to deal with during the purchase and didnt let me down in any way. I had the bike looked at by an independant party before I bought it and he said the damage was definately not there- this inspection was one week before shipping. This person also vouched for the integrity of the old owners at the time. when the bike was delivered i quizzed the driver on the damage and he denyed causing it, saying the bike was the only one in the trailor (I later found out that there was a harley in the trailor with my bike!) and that it looks like the handle bars hit the tank- they dont even reach the tank at full lock!

So where I'm at is that I dont think the damage should be on me at all, I dont want to pay anything for this! one of the factors which led me to have the bike shipped up rather than riding it myself was that it had damage cover insurance of up to $1500!

sorry for the long rant but What do you guys think about this? Small claims court? are there any details I can elaborate on?

Pics of damage below.

**Latte** · 18th January 2011, 17:29

Can you track down the Harley owner? Chances are part of their bike has the matching damage.

**Crazy Steve** · 18th January 2011, 17:29

Bad news dude..

I would take the $300 on offer and put some black tape on it.

And ride your new bike and enjoy it.. Theres a chance is going to get blown over in the wind this week anyway aye ? And will do more damage.

Crazy Steve.

**Cloggy** · 18th January 2011, 17:55

Does the old owner have a copy of the transport document which he signed?
Does the transport document which arrived with the bike show the old owner's signature?
If the old owner has a copy of the transport document which cleary only states damage to one side, then I would hold the transport company liable.
If the transport company can produce a document signed by the old owner which stated damage to both sides, then you can't hold the transport company liable.

**Mully** · 18th January 2011, 18:02

Originally Posted by dreamR

So where I'm at is that I dont think the damage should be on me at all, I dont want to pay anything for this! one of the factors which led me to have the bike shipped up rather than riding it myself was that it had damage cover insurance of up to $1500!

Claim on this.

Or, lodge a claim on the carrier (formally in writing).

**dreamR** · 18th January 2011, 18:02

Originally Posted by Cloggy

Does the old owner have a copy of the transport document which he signed?
Does the transport document which arrived with the bike show the old owner's signature?
If the old owner has a copy of the transport document which cleary only states damage to one side, then I would hold the transport company liable.
If the transport company can produce a document signed by the old owner which stated damage to both sides, then you can't hold the transport company liable.

The company does not give a copy to the sender. the copy they had was signed, but according to the old owner, not for all the damage. I beleive the driver has simply added the damage to the document after it happened. the company needs to give a carbon copy of the document or similar, but its to late now.

The company has offered me $150 for the damage, however I dont really feel all that confident in actually receiving it!

**dreamR** · 18th January 2011, 18:04

Originally Posted by Mully

Claim on this.

Or, lodge a claim on the carrier (formally in writing).

the company has said that the excess is $500, which is more than repair cost, so he wont help with that at all

**rocketman1** · 18th January 2011, 18:05

Mate I thinks this sucks and I feel for you.
I have thought about using a motorcycle freight company in the past and have always feared this may happen.
To me this damage certainly looks like freight damage, I have seen similar damage on my motocross bikes I have trailer-ed over the last 30 years.
Whether the damage was caused prior to or during the trip is best for you to gauge as you are the one talking to both parties.
From what you have said my vote for the damage would be the freight company
Good Luck, but I think you should state the company name so as to take the blame off the others companies

**Mully** · 18th January 2011, 18:07

Originally Posted by dreamR

the company has said that the excess is $500, which is more than repair cost, so he wont help with that at all

Carriage of Goods Act 1979 is your friend.

Lodge a claim in writing. And do some Googling to see the expiration time (I think you have 12 months to launch action if you've advised them within 5 days)

Make it his problem.

**dreamR** · 18th January 2011, 18:15

Originally Posted by Mully

Carriage of Goods Act 1979 is your friend.

Lodge a claim in writing. And do some Googling to see the expiration time (I think you have 12 months to launch action if you've advised them within 5 days)

Make it his problem.

thanks mate. i'll check that out. one thing that concerns me is that Im not totally sure on what i agreed to when i signed the receipt document when the bike was delivered...

**Mully** · 18th January 2011, 18:20

Originally Posted by dreamR

thanks mate. i'll check that out. one thing that concerns me is that Im not totally sure on what i agreed to when i signed the receipt document when the bike was delivered...

That might have fucked you, TBH, if you signed for it clean.

But then Trucky McTruckerson wouldn't be offering to settle with you if that was the case.

Good luck

**phill-k** · 18th January 2011, 18:21

As you had a good relationship with the seller ask them to complete and sign a short affidavit stating there was not damage to that side of the tank, also get the repairer to do the same stating that the damage could only have occurred by the intrusion of another bike or similar laying down on your bike.
Lodge a formal claim with the freight company and advise them that you have the said documents on hand and will make a claim through the small claims court -$20 and its good fun.
I'd say the company will probably just roll over as they will no doubt be self insuring for the $1500 liability under the carriage of goods act.

**swbarnett** · 18th January 2011, 18:27

Originally Posted by dreamR

The company does not give a copy to the sender.

This is utter crap!

This is a good reason not to deal with this company.

If I sign something I fully expect to get a copy and would not accept otherwise.

Does anybody know what the legal position is? I though you had a right to a copy of anything with your signature.

**cbfb** · 18th January 2011, 18:49

I'm currently going after someone via the Disputes Tribunal (I think that's what people mean by small claims court) for something non-bike. It's an easy process that does not involve lawyers. Costs $30 minimum, although costs increase slightly as value of claim increases. Go to your local court house to file the necessary paperwork. Took me about 10 mins to fill in the form (and I was slightly drunk at the time).

**NinjaNanna** · 19th January 2011, 07:58

Seriously, you need to decide whether the $150 is worth your time, trouble and stress.

Don't turn a matter of principle into a full on crusade when the whole thing could have been settled for $150. That'd be my approach anyway.