Q: Do I need to surrender my bike and cargo box to the car dealership that damaged them in order for them to replace it?
My roof mounted bike and cargo box were damaged when a tech tried to take my car through the car wash. Several bike shops determined the bike was not repairable. l travel full time and am in another state, the dealership's new service manager just asked me to have the bike shipped to them so that they could send me a check to replace the bike.
I'm not sure if any of this matters, but here are a few more details:
1) The original service manager was perfectly helpful, concluded the cargo box would need to be replaced, and asked me to take the bike to a bike shop to have the damage assessed. He also told me - considering my lifestyle - to take my time, and at no point informed me they would need the bike if it was damaged beyond repair.
2) Now there's a new service manager. She's the one asking for the bike, suggesting that it's perfectly reasonable since they're paying for the replacement.
A: If someone is paying you fair market value for the bike, then they should get the bike. That's what happens when your car gets totaled by an insurance company, for example. The property should be surrendered upon receipt of the money, not before. As for time, you have three years from the date of damage to bring a lawsuit for negligence. Sooner is better.
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