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Old 06-30-2011, 05:21 AM   #136
Dash2
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antiquewidow,
i hope your starting to feel better. dont let this keep you from riding again. there are a lot of good bikes out there that have never had this problem.
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Old 06-30-2011, 05:34 AM   #137
antiquewidow OP
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[QUOTE=JagLite;16286370] And I don't think the bike tumbled, I believe it slid on its side, is that correct?

Yes the bike slid down the road.

2. How many miles were on the bike when you bought it and can the odometer be run backwards?
ANSWER:The bike had 7 miles on it when I purchased it, I have no clue on if the odometer can be or was run backwards.

3. Did the front suspension feel "normal" to you? If the axle was already bent and forced into place by over tightening the clamp bolts it could have been forcing the fork tube(s) out of line and adding a lot of stiction. Meaning the suspension would seem stiff both down and up.
ANSWER: I think it felt normal but once again I really couldnt tell you what normal is. As this is my first bike I have ever owned.
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Old 06-30-2011, 05:50 AM   #138
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Well dealership (or should I say the salesman) who sold me the bike contacted my emergency contact tues after my insurance co contacted the dealership. Upon finally speaking to him yesterday morning, I told him what happened. I sent him a photo of the fork failure upon his request. Of course I havent heard a thing back from them. But he knows I AM ONE UNHAPPY CLIENT to say the least.
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Old 06-30-2011, 07:15 AM   #139
eepeqez
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Quote:
Originally Posted by lemieuxmc View Post
"The price of the bike and the mileage are irrelevant; a 10 year old Chinese pit bike bought for $200 should not have this kind of fork issue. It is avoidable and completely unacceptable."

"It is also undoubtedly a mistake
."

We all understand that BMW has sold thousands of these bikes and only a few have had the axle mount snap off the fork casting.

Most Ford Pintos didn't explode into a fireball when rear ended.
That's right, the Pinto "was no more fire-prone than other cars of the time, that its fatality rates were lower than comparably sized imported automobiles".

But it's common (and wrong) knowledge that they were a death trap.
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Old 06-30-2011, 08:16 AM   #140
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antiquewidow,

Sorry this happened to you. I hope you're feeling better.

Best Wishes,

Rick
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Old 06-30-2011, 08:45 AM   #141
sop
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As for that swarm of "sharks" circling your boat...

Jaws sounds like a really scary guy. I've met a few of these, but not that often. Just to clear up some misconceptions, and for general information....

The standard personal injury attorney Contingency Fee Contract is a written agreement stating the claimant (the person hiring the shark) will pay his/her personal injury attorney (Jaws) a portion of the eventual settlement, plus certain expenses incurred. If no monetary settlement is made, then no payment is owed. However, in that eventuality, some attorney contingency fee contracts will require that certain expenses must be re-imbursed if the claim fails and no settlement can be recovered. Read the contract.

The standard contingency fee contract percentage almost all attorneys require for personal injury claims that do not end up in litigation (an actual lawsuit is filed) is 33.33% (1/3) of the total settlement received. This percentage can be negotiated at the time you retain an attorney. Read the contract.

Note: this contingency fee percentage is normally NOT applied to the amounts recovered for the material damage portion of the claim (the settlement amount paid the claimant for repairs or total loss resulting from the damage to the vehicle/bike/boat/etc.), if it applies. That property damage claim is normally handled separately from the bodily injury portion of the claim, it will/should be settled separately and will/should not be included in the total amount of the settlement from which the attorney's contingency fee agreement percentage will be deducted. Read the contract.

Most personal injury claims made (probably as high as 95%) settle prior to litigation. The attorney representing the claimant (the potential plaintiff in the suit) will simply send a letter of representation to the various negligent parties and their insurance companies (the potential defendants in the suit) involved in the case, stating his/her intention to file a claim for negligence resulting in damages to his/her client. Jaws will later submit a detailed demand letter, including all supporting documents, asklng to settle the matter for a specific amount. That's when the horse-trading begins, offers and counter-offers are made, and the thing settles, or not.

After the defendant(s)/insurance company evaluates the demand, an often lengthy process, they will perhaps offer to settle the claim prior to suit being filed for a negotiated dollar amount. If they settle at that time, the claimant will sign a "full and final release of all claims" arising from the incident to legally extinguish the claim. Or they will just reject the demand to settle outright, and Jaws will be forced to file a lawsuit and take them to court and let a jury decide.

If a claim is settled during the first stage of the process, prior to suit being filed, the attorney will simply deduct his 33% from the settlement amount negotiated, not to include the property damage for his client's vehicle/property (it it applies). Usually, the only expenses Jaws will have incurred during that stage of the process (postage for letters, cost of securing documents, etc.) will not amount to more than a few dollars. Read the contract.

If your attorney is forced to file a suit (file the complaint to initiate the litigation process) in the event the initial claim is either denied or a negotiated agreement as to the settlement amount cannot be amicably reached, then the percentage Jaws will eventually receive increases sharply from 33% to ??. This is clearly spelled out in the initial contingency fee agreement and can vary from attorney to attorney. Read the contract.

If suit is filed, the percentage Jaws will receive can increase to 40, 50 or 60%, sometimes higher, depending on the nature of the case and the complexities involved pursuing the matter. Certain types of lawsuits require a lot more work and will incur greater expenses, so the type of case will determine the actual contingency fee percentage if suit is filed.

Also, the high cost of an investigation, consulting with and paying for experts, conducting the discovery process, deposing witnesses and experts, paying for expert witnesses' testimony in court, the cost of filing legal documents, motions, appeals, etc.....all of these expenses will add considerably to the amount the plaintiff has to pay when an eventual settlement is reached, or a jury award is made. Keep in mind, the same expenses are also incurred by the defendant and/or their liability insurance carrier, so both parties have an incentive to settle and avoid these costs. Read the contract to determine how these expenses will be handled if the case is litigated.

Many attorneys will be unable to settle a claim and are then forced to file suit (draw up an actual complaint, go to the courthouse and officially file the document with the clerk of courts) just to get the defendant's (and/or his insurance company's) attention. The mere filing of a suit often forces a unwilling defendant (or his insurance company) to settle, even if only to avoid the cost of litigation. Most (90%, give or take) cases where suit is filed will settle prior to an actual trial. The simple act of filing suit doesn't always increase the expenses incurred, but it will automatically increase the percentage you will have to pay Jaws in the end.

As already stated...Read the contract.

sop screwed with this post 06-30-2011 at 01:36 PM
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Old 06-30-2011, 08:48 AM   #142
lemieuxmc
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I never called the Ford Pinto a death trap.

I used to work on them and I thought they were just a POS that I wouldn't buy if it cost half as much as other cars on the market.

What's a few people getting horribly burned to death versus saving $5 a car by not putting in the guard between the rear end bolt heads and the fuel tank... oh, damn! It was about 20 million dollars to Ford.
I consider selling crappy, over priced products to be a bad business practice, but I'm not going to fault you for buying one because you just didn't know any better.

No response about my comment on the 99.9% airline?

Do the math, LAX has about 200 flights a day.
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Old 06-30-2011, 10:29 AM   #143
Steveize
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Actually LAX has over 3 times that number

Total Flights: 56,942
Average Flights per Day: 640
Average Departure Delay: 8m21s
Average Arrival Delay: 7m53s
Flights Cancelled: 1.65%



Arriving Flights
Total Flights: 56,956
Average Flights per Day: 640
Average Departure Delay: 8m54s
Average Arrival Delay: 5m46s
Flights Cancelled: 1.70%



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Old 06-30-2011, 10:47 AM   #144
lemieuxmc
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I stand corrected.

How many catastrophic landing gear failures vs GS 650's sold?
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Old 06-30-2011, 11:33 AM   #145
jacqui
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Terrible, indeed. Also check for failure reports at the chain gang site http://faq.f650.com/main.html in case no one else here has mentioned it yet.

Cheers,
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Old 06-30-2011, 12:09 PM   #146
Durden
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Really sorry to hear this, hope you get better soon. In my non-expert opinion the front forks should never ever ever just break, even if you hit a pothole at speed - the suspension and rim should be eating up most of that force. It looks like you didn't hit anything, so catastrophic failure seems plausible, which makes me wonder 'who the hell is making these forks'.

Also, I also cant figure out how an axel gets bent, especially with no sign of grinding or banging from a slide. Definitely two very good mysteries.

As a rider I'm willing to accept the risk of a tire blow out, chain break, or engine failure, but I'm not willing to accept there is a risk of a new modern fork just breaking.
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Old 06-30-2011, 01:38 PM   #147
JagLite
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Eek

Quote:
Originally Posted by sop View Post
"Jaws" sounds like a really scary guy. I've met a few of these, but not that often. Just to clear up some misconceptions, and for general information....

As already stated...Read the contract.
Excellent information for all of us!
Thanks SOP

Looks like you have much more experience and knowledge in this area than any of us. I am sure reading the contract is scary in itself.


lemieuxmc, I don't understand your reasoning when you said:

"Truly, you should have known..."

Do you mean that we should expect that occasionally one of our forks will break? That acceptable design in critical parts does not need to be "zero failure"? If so, you wouldn't be able to get a job here at the engineering company I work at. Failure of critical parts is unacceptable. Period.


Antiquewidow, I suggest that you go to the Library and find the books on how to hire an attorney, and on how to represent yourself. Even if you do choose to go with Jaws you will be much more informed about the process.

I hope you can stay on friendly terms with the dealer because he will be the one stuck in the hot seat. BMW will say it is his fault, somehow he caused this. Fortunately there is previous history of this exact failure to show it is not ALL his fault but he is not out of the hot seat and if you can't get a settlement, he will be named in the suit also. Everyone possibly involved will be named to spread the blame and cost of settlement.

Hang in there...

May I recommend a Suzuki DR650?
I like mine
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Old 06-30-2011, 03:35 PM   #148
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Sarcasm, only the stupid ones don't get it... and you, but for a different reason.

Jaglite,

I suspect that you didn't get the sarcasm and irony oozing out of my previous posts much like the disgusting fluids emanating from semi fresh road kill on a hot summer afternoon. I understand where you are coming from completely, because you identify yourself as an engineer... but obviously NOT one employed by BMW.

"Do you mean that we should expect that occasionally one of our forks will break? That acceptable design in critical parts does not need to be "zero failure"? If so, you wouldn't be able to get a job here at the engineering company I work at. Failure of critical parts is unacceptable. Period."

This is clearly not the management philosophy at BMW, because these catastrophic fork failures have been brought to their attention, they re-designed the part, negotiated non-disclosure agreements with the respective parties, and continued to produce an inferior and over priced product that they market very effectively as an admission ticket to the world of adventure riding.

I understand that anything might break and I realize that I could be the unfortunate Joe who gets it, I'm just really disgusted with BMW for KNOWINGLY selling crap.

Truly, you should have known...



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Old 06-30-2011, 10:10 PM   #149
Rte2Rider
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AW: So sorry to learn about the fork failure on your bike. It seems that you are very lucky that the situation wasn't a great deal worse. Can you tell me when your bike was made (as you may know, the VIN sticker is on the frame just below the handlebars on the right side). I ask because my week-old 2011 G650GS, with 96 miles on the clock, was made in February 2011 according to the date code (0211) on the sticker. Thank you, and I wish you a speedy and full recovery.
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Old 07-01-2011, 03:27 AM   #150
eepeqez
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Quote:
Originally Posted by lemieuxmc View Post
I never called the Ford Pinto a death trap.

I used to work on them and I thought they were just a POS that I wouldn't buy if it cost half as much as other cars on the market.

What's a few people getting horribly burned to death versus saving $5 a car by not putting in the guard between the rear end bolt heads and the fuel tank... oh, damn! It was about 20 million dollars to Ford.
Except that it was no more dangerous than other cars of the time. You concede it wasn't a "death trap", then make reference to its supposed fault all over again!

Quote:
Originally Posted by lemieuxmc View Post
I consider selling crappy, over priced products to be a bad business practice
No argument there.

Quote:
Originally Posted by lemieuxmc View Post
No response about my comment on the 99.9% airline?
Do one in one thousand BMWs break forks? Mine has lasted almost 30 years and more than a thousand times the mileage of this one without this problem.

Aircraft fall out of the sky unexpectedly from time to time. Motorbikes suffer mechanical failures from time to time. In both cases there are processes in place to deal with it if they are systematic failures.

Quote:
Originally Posted by lemieuxmc View Post
Do the math, LAX has about 200 flights a day.
Last time I passed through LAX, this happened there later the same day, so that would make it, what, 99.5%?

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