This should be easy.
Since the amount you seek is quite small in the scheme
of things, you are going to be in small claims court.
there, the judge will listen to you and it will be
quite a different story than if you were in district
court, where the rules of evidence and all that crap
(technical legal jargon) applies. This may not be
true in your state, but it is in every state I've
practiced in. It's worth checking out, since often
small claims court is "equitable" (doing what's right)
rather than "legal" (strict adherence to the law).
Your case consists of this: The ABS was faulty.
Yamaha tacitly admitted this when the ABS was replaced
for free. The ABS, when it failed, caused me to
sustain damage to my bike in this amount.
Their case consists of: He cannot prove a causal
relation between the failure of the ABS and the
fall/damage and has not done so here.
Your response is: I have pretty good circumstantial
evidence--they replaced the ABS right after I fell,
and that is what I say happened.
It's worth a shot, since small claims is quick and
cheap.
Adam
--- John Thomas Walsh <[EMAIL PROTECTED]> wrote:
> Time to update all. I wrote a few weeks ago to tell
> my ABS tale (rear end
> locked up, dropped the bike, fight with service
> reps, etc.). Since then, I
> have had the HU pump replaced and the brake system
> flushed at Yamaha's
> expense, but they balked at any sort of bodywork
> replacement. Their line has
> been that the system malfunction has been a
> maintainence issue more related
> to brake fluid deterioration than HU pump design
> flaw. They also questioned
> my rear tire's worn tread as contributing to the
> lock up. Ron Lubic, a
> national warranty "trouble shooter" said the ABS was
> not designed to engage
> at speeds under 10 kph (6.6 mph). Therefore in my
> case of slowing to a stop
> the ABS may not have engaged. I have consulted
> counsel, and it's a my word
> against theirs sort of thing. The out of pocket
> expenses for experts for my
> side would soon overcome potential benefits for my
> winning a suit, as it was
> the bike which took the hit. Jordan Cavenaugh did
> not seem interested in the
> collective experiences of the group with the ABS.
> But he did say Yamaha was
> replacing the units as they see fit. From what I
> can tell, Yamaha's behavior
> is as close to performing a recall as one can get
> without declaring a recall.
> As for me I am trying to replace the plastic on the
> front end, and the
> Krauser bags. If anyone has a lead on '94 bodywork
> or a right side hardbag,
> I'd love to know. Many thanks.
>
> Tom Walsh
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