l own a 2008 Harley-Davidson Sportster XL1200 Custom. Well, one day l left her in the parking lot/backyard l have and these people came to do my lawn. They were hired by the landlord. My son when outside to look and saw the motorcycle was in their way so he moved it over and put it in a different spot. After they left, he went outside to put it away and noticed that rocks had hit the gas tank in two spot, hit the air filter and the oil tank. l took the motorcycle to a shop and they told me it would cost around 800$ to fix it. About 2 or 3 months have passed and l was wondering if l sue them, do l have a good chance of winning? The motorcycle has never been dropped and there are some rock marks under the tank also. Is there a good chance of me winning in court?
Ok, let me follow up. We do not have a garage to store it in. Immediatly after we noticed, we did file a police report and l have around 5 copies of it. It was not covered because it was in the shade. When my son moved it, he put it in the sun so they can work were the bike was. After they left, he went to move it back to the shade and noticed the dents.

if the rock hit the side and you can prove it , hellyea.They should have been more careful around it. They knewit was there . Get it done soon .

if you can prove they did the damage, you could win.. But proving is the hard part. Try small claims court.

No, they will claim it was not stored properly. Their defense will be thats its your fault because if you (or your son) was aware they were there to do teh lawn and did not want the bike in danger of being damaged, it should have been stored in a garage or covered.

The landscaping company should be bonded, so that would cover this type of situation. However, u have waited quite a while after the incident. The damage to the underside of the tank could have come from normal driving - there is no way to say after that long of a time that they had caused the damage. If u had done something immediately afterward, u might have a case, but l do not think u have one any longer. Even if u have not laid the bike down, driving it & parking it in public areas could have caused the damage - they could argue that kids could have thrown rocks at it when parked in public & that was what could have caused the damage.

if you think you can do it and like thin said and you casn prove it why not go for it.

You have no cahnce. Here is why.

First - it is been 2-3 months since it is happened. Way too long to do anything about it.

Secondly - u have no proof they did anything. Did u see them do it? No. Did u take any pictures of them doing it? No. Did anyone else see it happen? No.

Did u confront the company immediately after u noticed the damage? If u had maby they would have compensated you. If u go to them three months later tey will probably tell u to get bent.

You should go get a free consultation from an attorney. He/she will be able to tell you if you have a case. Then you should take it to small claims court. l do not really think you can win, especially if you have never talked to the landscapers, but a lawyer would be able to tell you for sure.

You should of contacted the owner of the company who mows the lawn or should still contact them prior to sueing.Best approach.

Make sure u speak to him in person, (Record the conversation) It is legal in all states in the USA. Just as Police record there conversations with people they come in contact with.
1.Make sure to say ur name, the date & time of the conversation prior to taping him.
2.Ask him to state his full name at the start of the conversation..Such as: Hello, my name is____________? What is yours:_______________?

3.Ask him to pay for the damages to the motorcycle, which was reported by Harley at $800.00

4.If he refuses, u can ask him, how much do u think it will cost if l happen to file in court for tripple damages suit against you..

5. Make sure to have photo is of the dents with the date & time stamped on them. Take a photo of ur local news paper prior to taking the photo is to show the date of the photo's.
If u do not have a paper of that date it occured, go to the local library, they will have one.

6.Contact ur insurance company/Claims department & file the claim with them for the damages.

7.Also ask the Lawn care owner for the name of his insurance company who insures his crew.

8. It cost less than $100.00 to sue him in small claims court, You should also file a tresspassing report, so he can not come & mow there anymore.

9.Contact the Landlord & report the damage done to ur property & notify him & the civil action, if they will not pay.

10. You can win the case if...You present it properly.

File a claim against you insurance company.
It will be considered a comp claim, so you wo not have to worry about your rates raising. The insurance company will then go after your lawn help for the damages. By doing this, you wo not have the cost and hassle of taking them to small claims court.