KDKA TV Reports on Motorcyclist’s Rights

GREENSBURG MAN FIGHTS BACK OVER BROKEN MOTORCYCLE

GREENSBURG (KDKA, 7/11/08) ― With gas prices up, motorcycle sales are rising too. Some motorcycles can get fifty, even sixty miles per gallon, but what if you run into trouble? If your motorcycle turns out to be a lemon, the PA Lemon Law doesn’t cover motorcycles, so what can you do? Here’s how one Greensburg rider fought back and won.

Brian Markiewicz of Norvelt spent close to $15,000 two years ago for his motorcycle, a brand new Yamaha Roadster, but his problems began the day he bought it.

“On the way home, it would pop back through the carburetor, hesitate and stall,” explained Markiewicz.

Markiewicz says it’s a problem that’s caused him more than a few close calls, but even though he took his bike back to the dealer for repairs at least seven times, nothing was done that fixed the problem with his bike.

Brian Markiewicz found help through Pennsylvania lemon law attorneys, Kimmel and Silverman. Brian learned that even though the state lemon law doesn’t cover motorcycles, there is a federal law that does.

“There is still recourse if you have a motorcycle that’s not working the way it should and it hasn’t been repaired by the manufacturer,” explained Brian’s attorney, Kimmel & Silverman Pittsburgh Managing Attorney Christina Gill Roseman.

It’s the Magnuson Moss Warranty Act, a law that covers not only motorcycles but computers, ATVs, any product that is under warranty, has problems and those problems aren’t fixed in a reasonable period of time. Usually three or more attempts to fix the problem is considered reasonable.

Attorney Christina Gill Roseman took Brian’s case to court. Arbitrators awarded Brian a settlement of $3,644 for diminished value of his motorcycle due to the unfixed problem.

“I keep the bike and I can have it repaired by anybody else or trade the bike or get rid of it or whatever I want to do with it, ” said Markiewicz.

Not only did Brian win a money settlement, he was awarded attorney fees as well. That’s because under the Magnuson Moss Warranty Act, consumers like Brian Markiewicz who fight back and win don’t pay.

“These are fee shifting statutes, “explained Gill Roseman. “That means if the plaintiff is successful, the manufacturer pays the fees and costs associated with their case.”

“So far,” said Markiewicz, “it hasn’t cost me a penny. I am amazed.”

The moral of this story for consumers is if you have a product under warranty and can’t get satisfaction with repairs, you can take the company to court at a price you can afford. Nothing!

Contact Kimmel & Silverman at 1-800 LEMON LAW (1-800-536-6652) or click here.

To watch the story, click here (story was taken down, link removed).