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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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I recently had my motorcycles rear brake serviced by a licence

Resolved Question:

I recently had my motorcycle's rear brake serviced by a licence Yamaha dealer in Melbourne. The after riding the bike for about 15okms the rear brake caliper fell off the bike. A potential fatal accident was avoided. The dealer is claiming that I have interfered with the bike after the service - which is not true and is now denying all responsibility in the incident. The bike has been in their care since the incident and I have concerns they are now tampering with it to support their story that I in fact interfered with the bike. I have contacted Yamaha Australia and they too are being evasive in answering my questions. It appears now I will have to pay the bill of repairs to the bike which sustained significant damage when the rear brake fell off. What are my rights. I categorically did not interfere with the bike and am happy to swear to this fact. What can I do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  replied 1 year ago.
I would suggest you bring a claim before VCAT to recover any costs of repairs.

Whilst in practice you will likely have to pay the cost of repairs up front in order to recover your bike, if you can satisfy the Tribunal that initial repairs were done incorrectly then the Tribunal may well order the dealer to refund you the cost of some or all of the most recent repairs and the earlier repairs.

Lodging a complaint with VCAT costs very little and is a far more viable means of having a dispute of this dealt with than court proceedings. You can find out more about the process here:

http://www.vcat.vic.gov.au/

The fact you had a problem with your brakes so soon after they were serviced will likely incline the Tribunal to suspect the dealer's service was not done properly, and if their only defence is that you must have tampered with the brakes afterwards (and you maintain your denial) I suspect the Tribunal will believe you. It may assist though if you can get a statement from a mechanic explaining the defect and expressing a view as to what was done improperly in the original servicing of the brakes.

Hopefully, if you bring an application to VCAT this may prompt the dealership to negotiate some satisfactory compromise/refund, but if not the VCAT process is a viable way of pursuing a refund.

I trust the above assists.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4534
Experience: Dip Law LPAB - Sydney based lawyer
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