Bike damaged during shipping-advice needed | GTAMotorcycle.com

Bike damaged during shipping-advice needed

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palmpalm

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I was on a cross-continental trip and trying to ride home from B.C. to Toronto when the snow storms in Alberta area happened. I ended-up shipping the bike. Dropped it with Kane's HD in Kelowna, B.C. and it was shipped with Canadian Freightways to Davies HD in Thornhill, Ontario. When Davie's opened up the box they found lots of damage to the bike, mostly cosmetic, because it had been moving around in the care during shipment. They told me not to make an insurance claim and that they spoke with Kane's and Kane's is going to speak with the shipping company and that they will get this all sorted-out for me. In the mean-time they said I can take the bike and ride it as they don't detect any functional damage.

Advice please! Should I make an insurance claim (I already spoke to my insurance and they told me I do have coverage for this) or should I trust my dealer and let them figure this all out?

Anything else I should know?

bike is a 2012 FLTRX
 
I'd say give the dealer an opportunity to fix it. If they start dragging their heels or giving you a hard time then let your insurance company handle it if it won't count as a claim against you.


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WoBblyCaT said:
Unless all the damage is clearly documented and photographed, i would advise against riding it until it gets repaired. Between the Kane's, the shipper and Davies, someone could say the damage was caused by you riding it.
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Yes. I should add that Davies took photos and video of the bike as they unpacked it and documented the damage. So it should be okay, right?
 
Give the dealer a chance to fix it.
You can claim it under comp but there is a deductible. The insurance company can try to recoup the money from the dealership in order to refund your deductible but it's a hassle. Give the company a fair chance to make it right and go from there.
 
palmpalm said:
Yes. I should add that Davies took photos and video of the bike as they unpacked it and documented the damage. So it should be okay, right?
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Did you get a copy of that?
I had a bike shipped to me, and I documented the unpacking for exact same reason. Luckily everything was fine with the bike. Give the shipper/dealer a chance to work it out.
 
palmpalm said:
I was on a cross-continental trip and trying to ride home from B.C. to Toronto when the snow storms in Alberta area happened. I ended-up shipping the bike. Dropped it with Kane's HD in Kelowna, B.C. and it was shipped with Canadian Freightways to Davies HD in Thornhill, Ontario. When Davie's opened up the box they found lots of damage to the bike, mostly cosmetic, because it had been moving around in the care during shipment. They told me not to make an insurance claim and that they spoke with Kane's and Kane's is going to speak with the shipping company and that they will get this all sorted-out for me. In the mean-time they said I can take the bike and ride it as they don't detect any functional damage.


Advice please! Should I make an insurance claim (I already spoke to my insurance and they told me I do have coverage for this) or should I trust my dealer and let them figure this all out?

Anything else I should know?

bike is a 2012 FLTRX
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Sorry, but unless you specifically insured the bike for extra and spelled out those details with CF, you will only be compensated for up to $2 per pound. That means you won't get much unless CF customer service steps in with a big heart (don't count on it). Have your insurance company deal with it.
 
Roadghost said:
Sorry, but unless you specifically insured the bike for extra and spelled out those details with CF, you will only be compensated for up to $2 per pound. That means you won't get much unless CF customer service steps in with a big heart (don't count on it). Have your insurance company deal with it.
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So being a harley that works to his advantage. It has to be well over 1000 lbs crated and the damage appears to be superficial. $2000 is enough to pay for new paint.
 
GreyGhost said:
So being a harley that works to his advantage. It has to be well over 1000 lbs crated and the damage appears to be superficial. $2000 is enough to pay for new paint.
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No, it doesn't work like insurance. You will find this on every transport bill of lading:

10. Maximum Liability
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The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not exceed $2.00 per pound unless a higher value is declared on the face of the Bill of Lading by the consignor.

11. Consignor’s RiskWhere it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier, his agents or employees and the burden of proving absence from negligence shall be on the carrier.

12. Notice of Claima) No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within sixty (60) days after the delivery of the goods, or, in the case of failure to make delivery, within nine (9) months from the date of shipment.
b) The final statement of the claim must be filed within (9) months from the date of shipment together with a copy of the paid freight bill.
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HD dealers ship a lot of customers bikes around, for various reasons, its probably in the dealers best interest to sort this. I'd give them the chance to make it right, but I wouldn't dilly dally about it either.
 
There are many factors that will make this a challenge.
The way bill disclaimers are part of the actual contract for cartage. Generally, if the the shipment has been accepted clean with no acknowledgement of damage. The carrier will drag their feet. On the flip side, if shipper has a contract and relationship with carrier that is a plus. They can push for resolution leveraging future business. If shipper has prepared the "shipment" they are obligated to have the shipment ready for carriage- packed properly. They had the ultimate responsibility. However, it would need to be seen what caused the damaged packaging, transport, loading on truck, at the trucker's terminal, etc... It sounds like there was no visible damage to the packaging-concealed damage.

As a rule of thumb, once carriers pay a claim they expect the product to be returned to them. I do not think this will happen as the value of your bike is higher. The shipper will have a cargo surveyor (contractor or from insurance company) to assess the damage on behalf of shipper and their insurer. This report will go to the shipper's claims group, risk management and insurance company. At which point, they determine there exposure and fault. If deemed responsible, they will provide compensation based on the shippers insurance or just from the shipper/carrier. Sometime it easier to pay direct vs insurance as like our bike insurance claims affects premiums...

You need to review the initial contract/agreement with shipper who provided the service of packing and shipping-likely on back of document which is all legalese. If the shipper is in this area-specializing in this transport, they will be prepared for such situations. The question asked would be "was it packaged as per terms of the contract?". If so it will be an uphill battle to be compensated.

Just adding some thoughts and describing the process.

terfed
 
with that much damage they might write it off, looks like all panels are damaged, ever have a harley painted and decal
 
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