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Discussion Starter · #1 ·
Haven’t been on the site for over 10 years but I need some advice. I have an 04 VTX1300R. I’ve enjoyed it since I bought it used in 2007. I took it in to have it tuned up and serviced since I hadn’t ridden it in several years (moved, divorced, got old 😊). Any way the shop did $650 worth of service (tuneup , oil and rebuilt carb) and then went to street test it and blew up the drive shaft and cracked the casing and I assume damaged other parts involved. They won’t honor the repair as they said they didn’t do any work on that part of the bike. It’s frustrating but I’m getting to old to fight it out. I’ll make my point on their web site. My question is this. Should I part it out or sell it as is. If so how much is reasonable. 25 k miles, V&H long shots, ostrich double seat, other chrome but nothing extravagant. Any advice is appreciated.
 

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Haven’t been on the site for over 10 years but I need some advice. I have an 04 VTX1300R. I’ve enjoyed it since I bought it used in 2007. I took it in to have it tuned up and serviced since I hadn’t ridden it in several years (moved, divorced, got old 😊). Any way the shop did $650 worth of service (tuneup , oil and rebuilt carb) and then went to street test it and blew up the drive shaft and cracked the casing and I assume damaged other parts involved. They won’t honor the repair as they said they didn’t do any work on that part of the bike. It’s frustrating but I’m getting to old to fight it out. I’ll make my point on their web site. My question is this. Should I part it out or sell it as is. If so how much is reasonable. 25 k miles, V&H long shots, ostrich double seat, other chrome but nothing extravagant. Any advice is appreciated.
THEY are responsible for the bike while in their 'care'. They have insurance for that. Or DO they? Get a good lawyer, threaten or PROMISE them with a lawsuit, and TONS of bad PR that will smear their business. Judge Judy always says to litigants that people can say anything they want on the internet about a business' bad performance.
 

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Both good points.
But we're talking about a bike that is worth what 3 grand at most?
If I were the lawyer asked to take the case, I would point out the difficulty that would be involved in proving any negligence or liability on the part of the shop that could likely prove they weren't asked to work on and didn't work on any components that would cause the described damages. A common assumption by vehicle owners is that engine or parts failures that occure soon after shop work has been done is a result something the mechanics did, and not just coincidental timing of a failure that was going to happen anyway.

If it were me, I'd part out the bike, if you have the time and patience to invest in all the advertising and selling, and then sell what's left. You might be able to donate it and write it off to charity.
 
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Discussion Starter · #7 ·
Yep I get what you’re sayin. I think it’s a hard case to make and may cost more than it’s worth. That said they handled it poorly. Very defensive. Wouldn’t let me talk to the mechanic. Made me pay for repairs ( including oil that was now on the floor). They could’ve tried to give some options other than a slight reduction in the bill. That said, I think your idea to donate to a charity may be the way to go. I’ll likely just keep stewing on it if I part it out. If anyone has a specific need for a hard to find part, let me know. I’m in Ellijay, Ga if you’re in the vicinity. Thanks for the feedback. Safe travels
 

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First off I am sorry to hear about your experience with that shop.

Can you explain what you mean by blew up the drive shaft? Never heard of that. U joint??
Which casing was damaged, engine or final drive.
If final drive you could replace it and the drive shaft.
Could you post some pictures of the damaged parts?

Where are you located? If you need help to replace some parts this would help and maybe someone local could help you with that.

Hope it all works out for you. 🍻
 

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I’ll likely just keep stewing on it if I part it out. If anyone has a specific need for a hard to find part, let me know.
I would first try to sell the bike as is; failing that donate to a college or charity; failing that part it out but only for local pickup.

Be aware that shipping heavy and/or odd sized parts WILL be very expensive.
Example: fuel tank, fenders, exhaust pipes/mufflers, wheels, engine.
Not to mention the added hassle of packaging those parts to arrive safely... don't ask me how I know.
 

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a lot of attorneys will offer a free consultation (1/2 - 1 hr) to do an overview of your case at no charge. find one, present your facts clearly and see what they say. see if he'll accept the case on a contingency basis and if so establish the fee during the meeting. if that's a no go you probably don't have much of a case. what you have written here will not get you far so you had better be more detailed. you might also do a little investigative work; this repair operation might have a number of pending complaints against them. a lawyer would know that that fact, if true, would carry some weight in front of a judge/arbitrator. better shops are going to have liability insurance that covers anything that happens when an employee takes a customer's vehicle out of the shop and onto a roadway, you could ask them if they have that ins. or send a letter with a legal letterhead with a request for that info.

is there a reason why you cannot properly separate sentences or clauses when posting? maybe for not using caps?
 

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Discussion Starter · #11 ·
First off I am sorry to hear about your experience with that shop.

Can you explain what you mean by blew up the drive shaft? Never heard of that. U joint??
Which casing was damaged, engine or final drive.
If final drive you could replace it and the drive shaft.
Could you post some pictures of the damaged parts?

Where are you located? If you need help to replace some parts this would help and maybe someone local could help you with that.

Hope it all works out for you. 🍻
The bike is at home in Ellijay, Ga in the north central mountain area. I’m currently on vacation in chattanooga TN but I’ll take some pics and send them out. I’m not a great mechanic but my read on it is something like this. I don’t think the drive shaft itself blew up but the junction box (U joint) area is where the damage is. If I’m guessing I’ll be the mechanic reved it pretty high and dumped the clutch and something froze up in that drive train. The bolts holding the cover over that area where pushed/stripped out and the cover cracked all the way up to the main engine block. I’m not sure I’m describing it exactly right but that’s pretty close. When I get back I’ll likely start taking it apart and take pics and post them. Never know what the real damage is till I get into it but my read on the service manager was that it was pretty serious and he didn’t want to get into it in any kind on detailed way.
 

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the bike isn't worth much so this would be small claims court. you can represent yourself.
they had the bike, they rode it, they broke it. if they were doing an oil change and the bike fell over when they parked it in their lot, they're still responsible for the damage. the only thing that would save them is if they have a clause in the service contract that says they aren't responsible for any damage to the bike that occurs as a result of maintaining and testing. you'd have to look. with my cbr, i had an extra document i had to sign saying they weren't responsible for damage to rims or plastics since they material was over 10 years old.

this is an easy one to win. you can either go for cost of repairs or go for a totalled bike (the judge may decide for you depending on cost of repairs).
 

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I second the small claims court suggestion. Pictures, pictures, pictures. Present your case factually with dates and times, report the damage, present photographic evidence, cost estimates for repairs and $ seeking in damages.
Let's hope the shop has insurance.

However, then there will be no more talking to the shop. They won't do anything for you if you sue.
If they are willing to farm out the fix to another shop and cover the bill, that would be a good way to go.

But I forgot to express that I am sorry this happened to you. It sure sucks. Let us know how you make out.
 

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the bike isn't worth much so this would be small claims court. you can represent yourself.
they had the bike, they rode it, they broke it. if they were doing an oil change and the bike fell over when they parked it in their lot, they're still responsible for the damage. the only thing that would save them is if they have a clause in the service contract that says they aren't responsible for any damage to the bike that occurs as a result of maintaining and testing. you'd have to look. with my cbr, i had an extra document i had to sign saying they weren't responsible for damage to rims or plastics since they material was over 10 years old.

this is an easy one to win. you can either go for cost of repairs or go for a totalled bike (the judge may decide for you depending on cost of repairs).
best route by far. Looks like cap for small claims in Georgia is 15k. That leaves a lot of room. I've had a lot of lawyers in the past and the only positive is that they can navigate the process and speak for you. You will pay for it though. I got 65 dollar charge years ago for leaving a message on a machine. Lol. What was that famous quote about lawyers?
 

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2003 VTX1800C Illusion Blue, V&H pipes, K&N a/f, mustang seat w adj rest, Memphis shield, MTC clutch
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They won’t honor the repair as they said they didn’t do any work on that part of the bike.
My thoughts on this is 1) they were aware of the bikes history of being stored, hence, the carb rebuild and tune up. 2) as it is a " road test" what are the assurance in place to ensure that it was done in a safe manner.. see #1 carb rebuild . Was the test rider romping on the bike to check carburetion? Tune up? Evidently it was done after $650 worth of work. 3) a search on this forum over the last 18 years reveals that the driveshafts in these bike are pretty solid. That evidence existed long before this incident and should be considered documented. Might not hurt to file in small claims( or threaten)and see if the shop would like to buy your bike if you traded it in on another. My .02¢. Good luck in whatever you choose. TTT(MIKE)
 

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Haven’t been on the site for over 10 years but I need some advice. I have an 04 VTX1300R. I’ve enjoyed it since I bought it used in 2007. I took it in to have it tuned up and serviced since I hadn’t ridden it in several years (moved, divorced, got old 😊). Any way the shop did $650 worth of service (tuneup , oil and rebuilt carb) and then went to street test it and blew up the drive shaft and cracked the casing and I assume damaged other parts involved. They won’t honor the repair as they said they didn’t do any work on that part of the bike. It’s frustrating but I’m getting to old to fight it out. I’ll make my point on their web site. My question is this. Should I part it out or sell it as is. If so how much is reasonable. 25 k miles, V&H long shots, ostrich double seat, other chrome but nothing extravagant. Any advice is appreciated.
I am going to say NO! If the bike was stolen from their shop while under their care...YES! If the bike caught fire ..AFTER they rebuilt the carb and they were in the process of running the bike ..YES! To have a part,(probably a u-joint) let go while they were test riding. As long as they were not pulling doughnuts in the parking lot which I assume is not the case then NO ! This is just my take of things , they should of heard the clunking of the joint and made note of it> But no I do not think the courts would rule in your favor.
 

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I am going to say NO! If the bike was stolen from their shop while under their care...YES! If the bike caught fire ..AFTER they rebuilt the carb and they were in the process of running the bike ..YES! To have a part,(probably a u-joint) let go while they were test riding. As long as they were not pulling doughnuts in the parking lot which I assume is not the case then NO ! This is just my take of things , they should of heard the clunking of the joint and made note of it> But no I do not think the courts would rule in your favor.
i can see your point here. if they wrecked or lost the bike, it's on them. this is a mechanical fault. the shop isn't at fault if you bring them the vehicle for an oil change and the power steering goes out.

i wonder if an inspection was performed prior to service. i suppose it would come down to whether this component is they type where you would expect failure after being idle for years. it's obviously not a wear component and it's non-electrical. if the mechanic cranked on the petcock too hard and broke it, it'd still be on them. if they hit a bump too hard and bent the forks/rim, it'd still be on them. heck, if they blew a tire on the test ride, they'd have to replace the tire.

i still think the minor cost of small claims court would be worth a look. you could show the u joint isn't a weak point of the vehicle and shouldn't fail under normal use. being an 1800, it's very possible the mechanic was pretty liberal with the throttle for some fun, too. i guess it'll come down to how well you can convince a judge. maybe you get money, maybe you're out the cost of small claims.
 

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Yeah, some overzealous 'mechanic' may have torn the cross shaft off the crankcase. That is sure what you have described. This designs 'weak' spot. I'd tell them you know exactly how it happened and that they need to make it right.
 
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