BMW Garage dropped my motorbike from the ramp. Now they want me to be out of pocket…

Ellsom7

I purchased my used bike from a BMW dealer in April - The bike was paid for in cash. 

After having the bike for only 6 weeks I booked in a service with my local BMW dealer (different to who I bought from) in May- deciding to trust in the brand rather than do it myself. 

Whilst I waited in the dealership for the service on the day disaster struck. The service manager came to inform me the bike had been dropped from the ramp at height, and had then flipped over multiple times and landed on a metal toolbox. 

They were initally was as shocked as I was and it turned out an apprentice knocked it over after it was improperly secured. They allowed me to view the CCTV in which I saw the extent of the incident  I took a photo of the bikes final resting position. 

The initial shock on all counts implied this was a rare occurrence and would be dealt with. I was given a courtesy bike that day and have been on one (or another) since then. This has meant I have had to cancel planned trips, not to mention the missed time with my own bike. 

Fast forward to now a few months later. I have had minimal communication with the dealership - about coming to a resolution. From the day of the incident I made clear I would not be willing to accept the bike back due to seeing the extent of the damage. They have said they would fix it to ‘the standard it came in the door’ but there is no telling the impact longer term on it structurally. I haven’t changed my position. 

One of the initial Sales people told me ‘he would give me what we paid for it’ assuming the bike was financed.

It seems I would have more backing if this was the case. The bike has certain features which make it pretty rare and difficult to find a replacement- not that they have made any attempt to do so. 

They are also now unable to give me or BMW a copy of the CCTV as it has been deleted. 

I have escalated this to BMW Motorrad complaints who, whilst sympathetic, have said they can’t get involved with ‘the rejection process’.

The bike is now fixed in their eyes and I have proposed that they offer me the full value I paid for the bike and compensation for the hassle, disruption and time spent dealing with the matter. 

They have most recently offered me a shocking cash offer - substantially less than what I paid, which takes no account of their negligence in safety, regulations and general customer service. 

I would appreciate any help in what has been an overall painful, awful experience.

I’ve contacted the MCIA - they will only help if its a new bike purchase. 

Trading standards is next on the list but where do I stand? Really I want the value of the bike back plus compensation? Surely there’s no question they are at fault here?

paul_c123

What are your losses in addition to the bike (you were offered a courtesy one)?

Ellsom7

I had planned 2 European trips I couldn’t go on - luckily I didn’t directly lose money. The compensation relates to the disruption, loss of time on my bike, time spent chasing the whole process and overall inconvenience. 

sheslookinhot

I would just concentrate on getting compensation for your bike and forget about the other stuff.

Ellsom7

That is my priority as looking like the only option. They’re offering me a price that we buy any car would offer - not taking into account the fact that I paid what I did, got 6 weeks riding and now 3 months off-the-road and supposedly should accept being a few thousand out of pocket for something that is due to their negligence. 

Grey_Critic

Why the DIY for compensaion etc. Get a solicitor.

Mildly_Miffed

Accidents do happen... It sounds like some poor kid has probably had his career prematurely terminated through this one, which occurred in large part because of inadequate training and inadequate procedure on the part of those who should know better. 

Ellsom7 said:

I had planned 2 European trips I couldn’t go on - luckily I didn’t directly lose money.

So no tangible financial loss. Was there a reason you couldn't take the loan bike on those trips?

As for "long term structural damage" - if the frame was undamaged from the fall, then the frame was undamaged from the fall. They will have checked for that. Everything else is bolt-on, and anything damaged should have been replaced.

As it was repaired, and that repair is unrecorded, there will be no financial change to the value of the bike. It may even have had similar repair work before you bought it - you would never know.

Now that the bike is fully repaired, that should be an end to it - yet you still don't want it back.
That's absolutely your prerogative - but you need to come to an agreement with them on the value.

They are under zero obligation to source you a replacement.

Accept it back or sell it to them, them's your choices.

The compensation relates to the disruption, loss of time on my bike, time spent chasing the whole process and overall inconvenience. 

Put a number to each of those, for the actual tangible financial loss.