Kawasaki ZX-10R Forum banner

1 - 20 of 26 Posts

·
Registered
Joined
·
298 Posts
Discussion Starter #1
My dad recently bought a gsxr 1000 and i mean two weeks recently. The bike is an 09 has 2miles on it and it still had on the original tires. We asked the dealer about the tires and the said they would let the bike leave with bad tires. They also said the bike had a power commander but didnt. Now 600 miles later the bike is totaled and my dad is hurt also hes 50 so its gonna take him time to heal. Now he said that the front tire went out like ice around a turn and isnt sure if the front tire blew. If u look closely inbeetween the treads you can see hairline cracks in the rubber. And also is a dealership required to change the tires on a used motorcycle the bike was bought as a used one. Thanks in advance. also the outer edges of the tire are glossy like.


Sent from Motorcycle.com Free App
 

·
Registered
Joined
·
2,728 Posts
it most likely had too much air in it. what were the tire pressures? i run on old tires and i run my new ones to the bone usually without issue. what tire were they? if it was an actual legal problem i suggest looking up your states laws and looking at the papers he signed when buying it. if its sold as is, then its sold as is and its on you. if it didnt have a power commander, then you can push for them to purchase one but it seems like a moot point now that its totaled. depending on damage, buy it back and rebuild it. gsxr parts are cheap, just keep an eye on the gsxr/gixxer forums
 

·
Crash Test Dummy
Joined
·
820 Posts
There is always a way to hold someone accountable for anything and vice versa(in most cases), it really boils down to how much money you have and state and federal regulations. I'm going to assume you want to take legal action based off your context. My advice to you...schedule a consultation with an appropriate lawyer to find out if you have a case. The accident report, state he purchased motorcycle and the state where the accident occurred, will also play a factor. I hope he has a full recovery.

Note look into everything before diving head first and stay on top of insurance claims?
 

·
REPOST Enforcement Mod
Joined
·
14,355 Posts
Tires have a 5 year shelf life. Mounted to the bike means nothing. Any tire over 5 years old should be scrapped and replaced. The rubber has likely out-gassed to the point of losing it's pliability and is very hard with little grip, especially if leaned over. There is a 4 digit manufacturers date code stamped onto the sidewall of each tire. Likely those tires were molded in 2008 if it was an '09 model. WAYYYYY too old to be running on the bike regardless of how much tread depth there is.

Sad to hear your story and hopefully your dad recovers quickly from his injuries. Unfortunately, the dealer isn't responsible. The bike was basically sold "as-is" since it was used. It's up to the buyer to verify the condition and choose whether to purchase it based on that condition. There's not much recourse you have in this case.
 

·
Crash Test Dummy
Joined
·
820 Posts
Tires have a 5 year shelf life. Mounted to the bike means nothing. Any tire over 5 years old should be scrapped and replaced. The rubber has likely out-gassed to the point of losing it's pliability and is very hard with little grip, especially if leaned over. There is a 4 digit manufacturers date code stamped onto the sidewall of each tire. Likely those tires were molded in 2008 if it was an '09 model. WAYYYYY too old to be running on the bike regardless of how much tread depth there is.

Sad to hear your story and hopefully your dad recovers quickly from his injuries. Unfortunately, the dealer isn't responsible. The bike was basically sold "as-is" since it was used. It's up to the buyer to verify the condition and choose whether to purchase it based on that condition. There's not much recourse you have in this case.
I agree with this to some extent. Still many variables that makes it impossible for any of us to answer.( Start here does the state require an inspection? Did the dealer place an inspection sticker on it? What are the agreement terms?) I watch a lot of judge Judy :helmet:
 

·
Registered
Joined
·
1,019 Posts
If there is any statement that says bike is being sold "as is" or in "used condition". I don't see how you can hold the dealer responsible!!! I bought a used 05 last year in may and rear tire still had a sticker on it. But dealer didn't know how long there were on, so I ordered a fresh set an had them spoon them on when I picked it up!! Even knocked $300 off the price for me!! I go by the rule, its 2 wheels not 4, so used bike would get new rubber and fluids regardless!!! Hope your dad recovers! But if you think you can get legal action.....go for it! Lawyers need more money and courts need more lawsuits.

Sent from Motorcycle.com Free App
 

·
Registered
Joined
·
939 Posts
Last year i bought a 2002 zx12r with 1,800 miles. Carefully rode it 5 miles and parked it until my new meats came in. It's just not worth the risk, your health insurance deductible is probably more than the cost of new tires.
 

·
Registered
Joined
·
298 Posts
Discussion Starter #8
Last year i bought a 2002 zx12r with 1,800 miles. Carefully rode it 5 miles and parked it until my new meats came in. It's just not worth the risk, your health insurance deductible is probably more than the cost of new tires.
Ill tell you now im never riding a bike with out some PP's i still cant believe this shit happened



Sent from Motorcycle.com Free App
 

·
Registered
Joined
·
298 Posts
Discussion Starter #9
it most likely had too much air in it. what were the tire pressures? i run on old tires and i run my new ones to the bone usually without issue. what tire were they? if it was an actual legal problem i suggest looking up your states laws and looking at the papers he signed when buying it. if its sold as is, then its sold as is and its on you. if it didnt have a power commander, then you can push for them to purchase one but it seems like a moot point now that its totaled. depending on damage, buy it back and rebuild it. gsxr parts are cheap, just keep an eye on the gsxr/gixxer forums
the front rim on the bike got demolished and iv gotta check the rear tire preasure and hopefully its over full. as for damage there was a hole grinded into the case so idk how much work it could take but it has a full exhaust that's worth 1200 that didn't get damaged
 

·
Registered
Joined
·
298 Posts
Discussion Starter #10
Tires have a 5 year shelf life. Mounted to the bike means nothing. Any tire over 5 years old should be scrapped and replaced. The rubber has likely out-gassed to the point of losing it's pliability and is very hard with little grip, especially if leaned over. There is a 4 digit manufacturers date code stamped onto the sidewall of each tire. Likely those tires were molded in 2008 if it was an '09 model. WAYYYYY too old to be running on the bike regardless of how much tread depth there is.

Sad to hear your story and hopefully your dad recovers quickly from his injuries. Unfortunately, the dealer isn't responsible. The bike was basically sold "as-is" since it was used. It's up to the buyer to verify the condition and choose whether to purchase it based on that condition. There's not much recourse you have in this case.
thanks for the info the tire was made in 2010. i wish i would of just had the tires replaced but i know that know and as for my dad he has 7 or 8 broken ribs a broken coller bone and hes looks helpless and my mom cant take it between him hurting himself, me totaling his bike last year,and him hitting a deer the year before. she wants to get rid of the bikes and i don't blame her but that's deffinetly not happening and my dad still wants to ride so 2 against 1
 

·
Registered
Joined
·
298 Posts
Discussion Starter #11
There is always a way to hold someone accountable for anything and vice versa(in most cases), it really boils down to how much money you have and state and federal regulations. I'm going to assume you want to take legal action based off your context. My advice to you...schedule a consultation with an appropriate lawyer to find out if you have a case. The accident report, state he purchased motorcycle and the state where the accident occurred, will also play a factor. I hope he has a full recovery.

Note look into everything before diving head first and stay on top of insurance claims?
well i have a lawyer for my accident from last year so im goinmg to check with him to see if we have anything that says anything about the bike sold as is and such. the shop should have told us the tires on there are horrible which are battleax's by the way. the same day we went to pick up the gsxr i was paying a 1000$ bill on my zx10. if u ask me they shoulda thrown them in when we asked about the tires for the simple fact that we spend so much money there. my dads been to another shop who gave him a free front tire because he saw how bald they where and my dad didn't have the$$ and now my dad cant work money is real tight to come around we looked crazy for buying a new bike cuz we didn't have the money so now im on the job hunt.
 

·
REPOST Enforcement Mod
Joined
·
14,355 Posts
well i have a lawyer for my accident from last year so im goinmg to check with him to see if we have anything that says anything about the bike sold as is and such. the shop should have told us the tires on there are horrible which are battleax's by the way. the same day we went to pick up the gsxr i was paying a 1000$ bill on my zx10. if u ask me they shoulda thrown them in when we asked about the tires for the simple fact that we spend so much money there. my dads been to another shop who gave him a free front tire because he saw how bald they where and my dad didn't have the$$ and now my dad cant work money is real tight to come around we looked crazy for buying a new bike cuz we didn't have the money so now im on the job hunt.

Frankly, no, the shop shouldn't have told you the tires were bad. It's up to the buyer to verify it. To them, the tires were fine. You guys didn't tell them to replace them as part of the deal for the bike. Did you guys actually look at the tires prior to the sale? Or just take the word of the salesman? It's not like he wrecked it pulling out of the lot. He rode it for 600 miles since then. Proving in court that your dad didn't grab a handful of front brake in the turn, there wasn't oil in the curve, or that the tire pressure wasn't set properly, and that pure age and condition of the tire is the problem is going to be extremely hard to prove.

Personally, you're wasting more money on an ambulance chasing lawyer to try and get someone to pay for this. Did you guys have insurance on the bike? Why aren't they covering the cost of the accident? That's what it's for.


Sent from Motorcycle.com Free App
 

·
Crash Test Dummy
Joined
·
820 Posts
I brought the subject up to one of my best friends. (he is a lawyer) He told me that you'd be better off hitting up the insurance than legal action in your situation. He also said the same thing I said in my original post :mrgreen:
 

·
Registered
Joined
·
2,728 Posts
if they were 2010's, they're not old and your dad just made a mistake and crashed. sorry. hit up your insurance, take what you can off the bike before they take it, and sell what you can.
 

·
Registered
Joined
·
330 Posts
Your profile doesn't say where you're from, but if you live in the North, and the bike was stored outside or in an un-heated shed/garage, I would replace the tires after a couple of winters.
I try to time my tire changes so that I have an old set when the bike goes away for the winter. If I can't do that, I pull the wheels off and put them in the basement.

If the previous owner didn't do that and stored them outside, the rubber could have been hardened from the heat/cold cycle
 

·
Registered
Joined
·
783 Posts
Having suffered broken ribs myself I know how painful it is :badteeth: I wear a chest protector now. It just slips into the front of my jacket or if I'm wearing my one piece I fasten it up with my Forcefield back protector. Never broke my collar bone though :rolleyes:

Crashing is never fun. Hope your dad recovers soon, that's a lot more important than the bike, but good luck with your claim
 

·
Registered
Joined
·
298 Posts
Discussion Starter #18
Your profile doesn't say where you're from, but if you live in the North, and the bike was stored outside or in an un-heated shed/garage, I would replace the tires after a couple of winters.

I try to time my tire changes so that I have an old set when the bike goes away for the winter. If I can't do that, I pull the wheels off and put them in the basement.



If the previous owner didn't do that and stored them outside, the rubber could have been hardened from the heat/cold cycle

Yes i think your exactly right about the weather i mean you feel the tire and it feels that way. Its not like anyother tire iv ever rode on. And i like to start the season off on some fresh rubbers for the 10.


Sent from Motorcycle.com Free App
 

·
Registered
Joined
·
298 Posts
Discussion Starter #19
Having suffered broken ribs myself I know how painful it is :badteeth: I wear a chest protector now. It just slips into the front of my jacket or if I'm wearing my one piece I fasten it up with my Forcefield back protector. Never broke my collar bone though :rolleyes:



Crashing is never fun. Hope your dad recovers soon, that's a lot more important than the bike, but good luck with your claim

How many ribs did u break and im seriously investing in some grade A equipment before he rides again




Sent from Motorcycle.com Free App
 

·
Registered
Joined
·
783 Posts
I came off on a left hand bend about 13 years ago and landed on my LH shoulder wearing an armoured textile jacket. The armour wasn't much good as it moved out of position.

I separated my shoulder and they said I had broken at least 7 ribs. One of my lungs was affected also, but luckily, not punctured. There's nothing you can do for ribs except wait till they heal. They do get better eventually, but there are exercises you can do to speed the process. An internet search will point your dad in the right direction
 
1 - 20 of 26 Posts
Top