How long after I pick the bike up can they come after me?

[bornwildnfree]

So, had the dumbest 10MPH wreck ever in July. I took the bike up to RMK and called my insurance company. The insurance company tried to total the bike due to a bent frame, I argued, won and had RMK do up the estimate which came in at $5700ish (Insurance would total the bike at $6400). The insurance company wrote out a check in both mine and RMK's name and RMK ordered the parts. I payed my deductible and paid for a rear tire that needed to be changed out.

I was not in town for most of this process and had to handle over the phone with Grant in service. I had my roommate pick the bike up and called RMK again to confirm that nothing else was owed. Grant stated he forgot to put a fender on the estimate and would talk to the insurance company about it and no, I didn't owe anything else.

I just got a phone call from them saying I owe over $1000 worth of parts and labor. They want me to pay for the fender, as well as purchasing and installing new frame sliders, and damaged transmission parts and other parts that didn't make it on to the estimate. The insurance company is refusing to pay any more money on the claim (not faulting them, I'm ok with that). Grant is off for the winter and not available.

1. The fender: Grant forgot to include it onto the estimate to the insurance company...this one I can kinda see as my problem, but not really
2. I asked them to order the framesliders, not install them. The framesliders were covered under an allowence I received from the insurance company for the dent in the frame
3. It is not my fault that they didn't drive the bike before they submitted the claim. I also told Grant that when the money came, to fix the mechanical pieces first, then fix cosmetic. I didn't really need a new wind screen (a few small scratches) or tank (again, a few scratches) if the transmission needed to be fixed. I found out about the transmission stuff when Grant called me to tell me the bike was fixed. I asked him about the money for it and he said no need, he had juggled some things around and it was covered.

It's been 7 months. They let me pick up the bike and they cashed the check from the insurance company as well as charged my CC for the tire and deductible. Can they really come after me 7 months later because they screwed up the paperwork on their side? What can they do to me other than sue me? Put a lien on the bike?

[asp_125]

Wow.. hope it gets resolved. Grant (& Marv & Roger and the rest of the guys) is usually on the ball whenever I took work to RMK. I suppose the question of the day is, was $1K worth of parts and labor performed on the bike not listed on the original work order?

[AOK303]

if its not on the statement and they cant prove you were given a sheet saying the work was done while they had the bike they can not prove they did any work

did they?

[#1Townie]

Co is one of the very few and i mean very few states that allow mechanics lean. Depending on whats written in their contracta they could have sneaked that in on you. If they did then they can do a repo on it. They can also pull a title out on it and sell it. Its how i ended up with a 07 impala for about 1200 bucks. I would get in touch with who ever and try to work things out.

[#1Townie]

if its not on the statement and they cant prove you were given a sheet saying the work was done while they had the bike they can not prove they did any work

did they?

Another good point. If you didnt sign for that work to be done they screwed themselves.

[200sr20]

If its not on paper then it didn't happen. Thats the approach most shops including the one I work at take. And legally if you didn't sign for or approve the work they will lose their ass in court. Basically they are saying oh crap we totally spaced this and don't want to eat it.

[bornwildnfree]

The work wasn't on the origional paperwork. I'm not sure what was on the paperwork that I signed when I picked the bike up the first time. They had more work to do (gas tank and fender) but I needed to go on a 3 day ride so I picked the bike up, signed some paperwork, went on my ride, dropped the bike back off, flew to DE and didn't come home for 7 weeks. My roommate picked the bike up and he didn't sign anything. *sigh* grr I'll check when I get home...on the 22nd.

[iquack08]

Was there a reason why you didn't want the insurance company to total the bike?

[bornwildnfree]

I'm upside-down on the loan so if they total the bike, I wouldn't have had the money to buy it back and fix it and pay off the loan.

[FZRguy]

Hope it works out. I don't have anything to add that will help, but how does a 10 MPH crash bend the frame and damage the tranny? Just curious.

[bornwildnfree]

No bend in the frame, just a tank slapper dent where the handle bar hits the frame. It happens when a frame slider bolt fails, stands the bike back up just long enough to regain all the momentum it lost while sliding across concrete covered in dust and slams back down onto a curb.

[madvlad]

If they forgot to put it down on paper on the original estimate, tough shit for them then. That's why the service writer should always check with the tech's upsale list before writing up the final estimate for the customer to match it with the proper parts/services. If it isn't on paper they have to eat it.

[bornwildnfree]

Yea, I'm not arguing that they did the work, but I handed them a large check that was to cover all the damage from the accident and when I asked them if I owed them more money (3x's according to my notes), I was told no. I even left my CC there in case they needed to charge more money while I was gone. Had I known this, I would have worked with them to get the transmission damage covered, then worked from there or ordered the cosmetic parts myself and replaced them myself to make sure everything was paid for.

The law states:
38-20-106.5. Motor vehicle repair garages - restoration of liens



(1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and which has released the motor vehicle upon receipt of payment for such repairs in the form of a check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation shall be entitled to the restoration of the lien if the check, draft, or order is not honored for full payment or is dishonored upon its presentment and if the maker, issuer, or drawer fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment or dishonor, to pay the check, draft, or order. In the event such motor vehicle repair garage has released the motor vehicle upon an open account, the motor vehicle repair garage shall be entitled to restoration of the lien if the total amount as agreed upon by the parties is not paid when due as agreed upon by the parties and if the debtor fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment, to pay the amount due. Restoration of such lien shall entitle the motor vehicle repair garage to regain possession of the motor vehicle. In regaining possession, the motor vehicle repair garage may proceed without judicial process if this can be done without breach of the peace or may proceed by action.

(2) "Notice", as used in subsection (1) of this section, means notice given to the person entitled thereto, either in person or in writing. Such notice in writing shall be conclusively presumed to have been given when deposited by registered or certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such person at his address as it appears on the invoice or such check, draft, or order or, in the case of an open account, as it appears on the account records of the motor vehicle repair garage. Any notice regarding an open account may only be given subsequent to nonpayment.

The way I read it is that if I paid and the check bounced or I put a stop payment on the check, then they can put a lien on my bike, but that's not the case. I did make them payment, the check cleared and they accepted it as payment and I was told I was paid in full. I picked the bike up well after the check had cleared and they should have known at that time that more money was needed to cover the repairs. Coming to me 6 months later is crap.

[#1Townie]

Or if you couldnt afford it all in one shot. Some shops will allow payment arrangements this will also fall into all that. But i spaced the whole giving permission to perform the work. That my bad. Like the other say if you didnt approve the work they cant charge for it.

[Wrider]

If they forgot to put the parts on the list, and didn't give you an invoice for what is "owed" then I don't believe they can come after you...

[Fumet5uNo]

i handle legal for a automotive corp. if you have a bill or "receipt" and you have taken pos of the bike then there is nothing they could do but take you to small claims court or "hope you pay" its up to you to pay there bill, i would talk to the GM to figure this out just because the bad side is if you tell them to piss off "in all right you can" but i would find a new dealer

[bornwildnfree]

Thanks guys! You've helped me a lot. Yes, I do have my receipts and I have position of the bike so I guess I'm good there.