Ever test ride at a bike shop and crash?
#26
Senior Member
Join Date: Mar 2010
Location: Seattle, WA
Posts: 23,208
Mentioned: 89 Post(s)
Tagged: 0 Thread(s)
Quoted: 18883 Post(s)
Liked 10,646 Times
in
6,054 Posts
Still have their number...?
#28
Old Fart
Join Date: Dec 2014
Location: Bumpkinsville
Posts: 3,348
Bikes: '97 Klein Quantum '16 Gravity Knockout
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 163 Post(s)
Likes: 0
Liked 3 Times
in
2 Posts
Yes. Happened to me many many years ago. I was told to go ride around a parking lot, turned a corner and hit sand and the bike slid out from under me.
I was doing the test ride during my lunch break. I tore my work clothes up pretty good and ripped most of the skin off my hand. The bike suffered a scuff to the saddle and shift lever and one of the wheels was supposedly knocked out of true. Things got pretty contentious very quickly.
I was fairly young then, and ended up consulting with a lawyer, a friend of my father, who informed me that I was not liable for any of the damage, the shop was as part of its regular course of business. He also said that the shop should have had insurance to cover it, and that if I wanted, I was actually in position to sue the shop for my injuries and damages to my clothes... He also said I could sue the owner of the parking lot. The lawyer was also shocked that the shop did not require me to wear a helmet during the test ride.
I didn't want to sue. I ended up offering to pay the shop what I determined to be the difference between what they could get for the scratched parts versus what replacement parts would cost.
I was doing the test ride during my lunch break. I tore my work clothes up pretty good and ripped most of the skin off my hand. The bike suffered a scuff to the saddle and shift lever and one of the wheels was supposedly knocked out of true. Things got pretty contentious very quickly.
I was fairly young then, and ended up consulting with a lawyer, a friend of my father, who informed me that I was not liable for any of the damage, the shop was as part of its regular course of business. He also said that the shop should have had insurance to cover it, and that if I wanted, I was actually in position to sue the shop for my injuries and damages to my clothes... He also said I could sue the owner of the parking lot. The lawyer was also shocked that the shop did not require me to wear a helmet during the test ride.
I didn't want to sue. I ended up offering to pay the shop what I determined to be the difference between what they could get for the scratched parts versus what replacement parts would cost.
Gotta love the modern legal-system's logic- "Sue the parking lot owner because he had the nerve to not have rabid gorillas to prevent people from riding a bike in their lot; and for having the NERVE to allow some grains of sand to accumulate! They should have known that someone would ride a bike there, and crash!". And "Sue the shop, because they didn't have a dwarf running a few feet in front of you to clear the way" (And if they did have such a dwarf, then the lawyer could have sued them for exploitation!).
#29
Senior Member
Join Date: Jul 2005
Location: Boulder County, CO
Posts: 4,396
Bikes: '80 Masi Gran Criterium, '12 Trek Madone, early '60s Frejus track
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 514 Post(s)
Liked 448 Times
in
337 Posts
Generally, insurance for customer-damaged merchandise is not used. It would be expensive, it would require deductibles and depreciation, and the business would have to allow the insurer the right to recover the loss from the customer that caused it. Filing a claim for a $2000 bicycle that probably cost the retailer $1300 would be a waste of time, money, and good will. Damage to merchandise, like theft of merchandise, is "shrinkage."
Last edited by oldbobcat; 03-26-16 at 12:42 AM.
#30
Senior Member
Join Date: Aug 2014
Posts: 4,286
Mentioned: 21 Post(s)
Tagged: 0 Thread(s)
Quoted: 1096 Post(s)
Likes: 0
Liked 1 Time
in
1 Post
The shop is not necessarily liable, but they are covered. Most business liability policies have medical payments coverage for anybody except employees injured on business premises or using business related equipment (like test riding a bike). Liability for an injury would be treated on a case-by-case basis. Circumstances and statutory rules for liability would be considered.
Generally, insurance for customer-damaged merchandise is not used. It would be expensive, it would require deductibles and depreciation, and the business would have to allow the insurer the right to recover the loss from the customer that caused it. Filing a claim for a $2000 bicycle that probably cost the retailer $1300 would be a waste of time, money, and good will. Damage to merchandise, like theft of merchandise, is "shrinkage."
Generally, insurance for customer-damaged merchandise is not used. It would be expensive, it would require deductibles and depreciation, and the business would have to allow the insurer the right to recover the loss from the customer that caused it. Filing a claim for a $2000 bicycle that probably cost the retailer $1300 would be a waste of time, money, and good will. Damage to merchandise, like theft of merchandise, is "shrinkage."
Perhaps it would make a difference if the salesperson offered the test ride and told the customer where to take it, or the customer asked for it and took it wherever he wanted?
#31
Senior Member
Join Date: Jul 2005
Location: Boulder County, CO
Posts: 4,396
Bikes: '80 Masi Gran Criterium, '12 Trek Madone, early '60s Frejus track
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 514 Post(s)
Liked 448 Times
in
337 Posts
Nah, several years in the insurance claims business.
The only business theft claims I handled were for embezzlement and business property, like tools, motor vehicles, and equipment. Insurance, especially in business, is for low-frequency big losses--fire, storm damage, damage from equipment failure, lawsuits, etc. For instance, a bursting water pipe caused damage to a warehouse full of electrical components. The components were covered, the cause of the damage, the pipe, was not. If the loss is high-frequency, coverage is too expensive. If the loss is small, coverage is still expensive relative to the cost of the loss. On an incidence basis, shrinkage is a high-frequency low-cost loss.
Regarding liability for a test ride crash, most shops do everything it takes to keep from getting sued by the customer, which includes quietly absorbing the damage to the bike. On the other side, if the customer is only mildly injured, they seem to be mostly embarrassed and hopeful the shop will not try to collect for damage to the merchandise. Still if the injury requires hospitalization and lost wages, or some degree of shop negligence played a part (like the bike not tuned properly or sending an inexperienced rider down Dead Man's Curve), you can bet the threat of a claim rises.
The only business theft claims I handled were for embezzlement and business property, like tools, motor vehicles, and equipment. Insurance, especially in business, is for low-frequency big losses--fire, storm damage, damage from equipment failure, lawsuits, etc. For instance, a bursting water pipe caused damage to a warehouse full of electrical components. The components were covered, the cause of the damage, the pipe, was not. If the loss is high-frequency, coverage is too expensive. If the loss is small, coverage is still expensive relative to the cost of the loss. On an incidence basis, shrinkage is a high-frequency low-cost loss.
Regarding liability for a test ride crash, most shops do everything it takes to keep from getting sued by the customer, which includes quietly absorbing the damage to the bike. On the other side, if the customer is only mildly injured, they seem to be mostly embarrassed and hopeful the shop will not try to collect for damage to the merchandise. Still if the injury requires hospitalization and lost wages, or some degree of shop negligence played a part (like the bike not tuned properly or sending an inexperienced rider down Dead Man's Curve), you can bet the threat of a claim rises.
#32
Senior Member
Join Date: Jun 2009
Location: Austin
Posts: 1,272
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
Took a road bike for a test ride about 8 years ago. I brought my MTB shoes and they slapped on some pedals and off I went. I got to a place where I had to stop and I could not clip out. I fell over into the grass/weeds. I'm laying there and I am still struggling to get unclipped and finally get out. Slight mark on one of the shifters was the only damage.
I get back to the shop and get one foot out before stopping but the other shoe was stuck on the pedal and I had to take the shoe off and the guy eventually got it off the bike. I don't know what was going on with those pedals, but I didn't feel too bad laying their bike down.
Here's the worst part - I ended up with serious poison ivy from falling into the "weeds". It sucked so bad...
I get back to the shop and get one foot out before stopping but the other shoe was stuck on the pedal and I had to take the shoe off and the guy eventually got it off the bike. I don't know what was going on with those pedals, but I didn't feel too bad laying their bike down.
Here's the worst part - I ended up with serious poison ivy from falling into the "weeds". It sucked so bad...
#33
Junior Member
Join Date: Jun 2008
Posts: 23
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 8 Post(s)
Liked 0 Times
in
0 Posts
Rented a bike once in Tuscon. Probably went all of about half-mile and slid out on some loose gravel. (Seems to be a lot of that in AZ). Anyway - I was pretty upset about it and was ready to pay up to fix the scraped up brake levers but the guy at the store just said 'Hey man, it's a rental. No worries.' Pretty cool.
#34
- Soli Deo Gloria -
Join Date: Aug 2015
Location: Northwest Georgia
Posts: 14,779
Bikes: 2018 Rodriguez Custom Fixed Gear, 2017 Niner RLT 9 RDO, 2015 Bianchi Pista, 2002 Fuji Robaix
Mentioned: 235 Post(s)
Tagged: 0 Thread(s)
Quoted: 6844 Post(s)
Liked 736 Times
in
469 Posts
No problem. I was thinking about test riding a bicycle that I know I couldn't afford without giving up a liver. Wondered how bad of a situation it would be if I perchance went down on it by accident.
Mostly I'm personally interested in trying DI2 just as a knowledge point.
Mostly I'm personally interested in trying DI2 just as a knowledge point.
That's extremely unethical.
#35
Administrator
Join Date: Feb 2005
Location: Delaware shore
Posts: 13,558
Bikes: Cervelo C5, Guru Photon, Waterford, Specialized CX
Mentioned: 16 Post(s)
Tagged: 0 Thread(s)
Quoted: 1106 Post(s)
Liked 2,179 Times
in
1,469 Posts
Most shops like for people to come and browse. If they aren't busy, I see lots of instances where they suggest customers try bikes out. I would be upfront and tell them you don't intend to buy tight now.
#36
Administrator
Join Date: Apr 2005
Location: Hudson Valley, NY
Posts: 33,004
Bikes: Merlin Cyrene '04; Bridgestone RB-1 '92
Mentioned: 325 Post(s)
Tagged: 2 Thread(s)
Quoted: 11971 Post(s)
Liked 6,649 Times
in
3,485 Posts
Oh puleeze!
__________________
See, this is why we can't have nice things. - - smarkinson
Where else but the internet can a bunch of cyclists go and be the tough guy? - - jdon
#37
Super Modest
Join Date: Jun 2002
Location: Central Illinois
Posts: 23,466
Bikes: Trek Emonda, Giant Propel, Colnago V3, Co-Motion Supremo, ICE VTX WC
Mentioned: 107 Post(s)
Tagged: 1 Thread(s)
Quoted: 10963 Post(s)
Liked 4,620 Times
in
2,123 Posts
I bought a Serotta Colorado years ago that had been involved in a car/bike crash during a test ride. As far as I know, the shop didn't charge the owner to have it fixed (TT dent) by Serotta.
__________________
Keep the chain tight!
#38
Senior Member
Join Date: Apr 2015
Posts: 56
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 6 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
A few years ago Arctic Cat brought two tractor trailers worth of snowmobiles to the field beside my house for a test ride day .All the manufacturers have done this each winter for many years .Anyways ,they take people out in a group of about 10 riders on a trail ride for 30 minutes .A friend of mine ,was in the rear of a group ,when some ass clown nailed the throttle ,cruised by the entire group at over 100 mph,then ran it into a telephone pole .The clown not only got taken away in an ambulance ,he bought himself a busted up $12000.00 sled that day ,and the police charged him with dangerous driving .They did have to sign their lives away before they got on the sleds .
#39
- Soli Deo Gloria -
Join Date: Aug 2015
Location: Northwest Georgia
Posts: 14,779
Bikes: 2018 Rodriguez Custom Fixed Gear, 2017 Niner RLT 9 RDO, 2015 Bianchi Pista, 2002 Fuji Robaix
Mentioned: 235 Post(s)
Tagged: 0 Thread(s)
Quoted: 6844 Post(s)
Liked 736 Times
in
469 Posts
In my industry we call that a fishing expedition. People invite us in, ask all kinds of questions about technology, how this and that works, how much does this cost, can you do a demo, can we get a 30/60/90 day eval unit, can you extend the eval unit until next march, can we get a proof of concept, etc., with absolutely no intention of buying anything, with no intention to spend even a dime. We have families to feed. It's a complete waste of our time.
If the OP intends on buying something, a lower model bike maybe or even a nice handlebar, then yeah, go for it. They Ford dealership let me drive a Focus ST when I bought my Focus SE. If the OP has no intention of buying anything then it isn't right. He's wasting the shop owner's time. It isn't an amusement park.
If the OP intends on buying something, a lower model bike maybe or even a nice handlebar, then yeah, go for it. They Ford dealership let me drive a Focus ST when I bought my Focus SE. If the OP has no intention of buying anything then it isn't right. He's wasting the shop owner's time. It isn't an amusement park.
#40
Administrator
Join Date: Feb 2005
Location: Delaware shore
Posts: 13,558
Bikes: Cervelo C5, Guru Photon, Waterford, Specialized CX
Mentioned: 16 Post(s)
Tagged: 0 Thread(s)
Quoted: 1106 Post(s)
Liked 2,179 Times
in
1,469 Posts
In my industry we call that a fishing expedition. People invite us in, ask all kinds of questions about technology, how this and that works, how much does this cost, can you do a demo, can we get a 30/60/90 day eval unit, can you extend the eval unit until next march, can we get a proof of concept, etc., with absolutely no intention of buying anything, with no intention to spend even a dime. We have families to feed. It's a complete waste of our time.
If the OP intends on buying something, a lower model bike maybe or even a nice handlebar, then yeah, go for it. They Ford dealership let me drive a Focus ST when I bought my Focus SE. If the OP has no intention of buying anything then it isn't right. He's wasting the shop owner's time. It isn't an amusement park.
If the OP intends on buying something, a lower model bike maybe or even a nice handlebar, then yeah, go for it. They Ford dealership let me drive a Focus ST when I bought my Focus SE. If the OP has no intention of buying anything then it isn't right. He's wasting the shop owner's time. It isn't an amusement park.
#41
Stand and Deliver
Join Date: Jun 2008
Location: Tampa Bay
Posts: 3,340
Bikes: Cannondale R1000, Giant TCR Advanced, Giant TCR Advanced SL
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 1 Time
in
1 Post
Note that topslop1 stated, "Mostly I'm personally interested in trying DI2 just as a knowledge point." Although the bike he was "thinking" about test riding might have been above his price point, he wanted to try out DI2 to experience what it's like. If during this test ride he thinks DI2 is something he must have on his next bike which might be purchased from the same shop, then it was certainly worth his time and the shops time. Certainly not unethical.
#42
Senior Member
No problem. I was thinking about test riding a bicycle that I know I couldn't afford without giving up a liver. Wondered how bad of a situation it would be if I perchance went down on it by accident.
Mostly I'm personally interested in trying DI2 just as a knowledge point.
Mostly I'm personally interested in trying DI2 just as a knowledge point.
#43
Senior Member
Join Date: Jun 2012
Location: Western North Carolina, U.S.
Posts: 104
Bikes: '98 Schwinn Super Sport; '13 Jamis Icon Pro
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
A few years ago, lbs had a Felt demo day. Not sure which frame it was, but a fellow on a test ride hit a pot hole hard enough to endo flip. Taco'd the front wheel, and broke the nds chainstay, along with a few more dents and scuffs. Rep was only concerned with if he was okay, need med attention etc... I think he was fine, save for a few scrapes and bruises, busted helmet.
#44
Senior Member
Thread Starter
Join Date: Jun 2015
Posts: 3,466
Mentioned: 57 Post(s)
Tagged: 1 Thread(s)
Quoted: 1531 Post(s)
Likes: 0
Liked 7 Times
in
4 Posts
If someone test drives a Porsche when they're 22, be it owned by a friend or a dealership, then shows up 20 years later to purchase one; unethical that they test drove one when younger knowing that they could not afford it at the moment?
#46
Administrator
Join Date: Feb 2005
Location: Delaware shore
Posts: 13,558
Bikes: Cervelo C5, Guru Photon, Waterford, Specialized CX
Mentioned: 16 Post(s)
Tagged: 0 Thread(s)
Quoted: 1106 Post(s)
Liked 2,179 Times
in
1,469 Posts
As far as bicycle damage, what's the worse that can happen in the practical sense - damaged bars, damaged frame, bent wheel, etc? So the shop builds up another bike with the good parts and just writes off the damage at dealer cost. Sure they could file with their insurance company but as mentioned, the money they get out isn't that much.
I usually go to two LBS and both specialize mostly in high end bikes. Customers often take bikes out for long test rides including several hours. I asked one about customer damage from test rides. My is response was one time a customer damaged a tubular tire. His complaint was having to get a vehicle to pick up the customer and bring him and the bike back.
So it doesn't seem like a big deal at all.
I usually go to two LBS and both specialize mostly in high end bikes. Customers often take bikes out for long test rides including several hours. I asked one about customer damage from test rides. My is response was one time a customer damaged a tubular tire. His complaint was having to get a vehicle to pick up the customer and bring him and the bike back.
So it doesn't seem like a big deal at all.
#47
Me duelen las nalgas
Join Date: Aug 2015
Location: Texas
Posts: 13,513
Bikes: Centurion Ironman, Trek 5900, Univega Via Carisma, Globe Carmel
Mentioned: 199 Post(s)
Tagged: 0 Thread(s)
Quoted: 4560 Post(s)
Liked 2,802 Times
in
1,800 Posts
Years ago I was in Austin and passed by a Harley Davidson shop. The belt-drive Low Rider had just come out and they had one on display.
When I expressed interest in the bike the sales guy tossed the keys and said, "take her out and see what you think!" Didn't ask for a license, insurance, or even if I knew how to ride a motorcycle!
Fortunately I did not crash but I've always wondered what would have happened if I had...,
When I expressed interest in the bike the sales guy tossed the keys and said, "take her out and see what you think!" Didn't ask for a license, insurance, or even if I knew how to ride a motorcycle!
Fortunately I did not crash but I've always wondered what would have happened if I had...,
I never rode a motorcycle so carefully in my life.
It was sweet. Definitely not your average Skirtster. I didn't really open it up, but it rolled on with serious authoritah.
#48
Senior Member
Join Date: Dec 2010
Posts: 8,951
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 14 Post(s)
Likes: 0
Liked 13 Times
in
12 Posts
No. Insurance would cost more than the loss, which is how insurance companies make money. They do have liability insurance because a single event could put them out of the business, even though the likelihood of a business ending event is very small, which is what the insurance companies know and use to calculate the premiums.
#50
Senior Member
Thread Starter
Join Date: Jun 2015
Posts: 3,466
Mentioned: 57 Post(s)
Tagged: 1 Thread(s)
Quoted: 1531 Post(s)
Likes: 0
Liked 7 Times
in
4 Posts
Ditto, at a Harley shop in Grand Prairie back in the 1980s. I showed up on a Honda Ascot VT500. Just looking around on a lark and a tricked out Sportster caught my eye. Not something I'd have bought, but the shop owner had tricked it out himself for drag racing at a nearby strip. "Take the keys," he said, "see what you think." Just like that.
I never rode a motorcycle so carefully in my life.
It was sweet. Definitely not your average Skirtster. I didn't really open it up, but it rolled on with serious authoritah.
I never rode a motorcycle so carefully in my life.
It was sweet. Definitely not your average Skirtster. I didn't really open it up, but it rolled on with serious authoritah.
Test rode an Yamaha FZ1 (150hp) when I was used to riding my Gs500 (45hp) at the time. I cracked the throttle when I shifted into second gear (at 70mph with another few thousand rpm to go to redline mind you) and the bike wheelied on me. I almost **** my pants. I have no interest in owning a 1000cc sport bike, ever.