Not sure what to do next

[sugarcrook]

In May 2008 I purchased an 848 in Chicago.  In June 2008 I moved to San Jose.  Over the last few months, I've had to take it in for the voltage regulator recall and at 2-3 times to fix the infamous stalling issue that wasn't resolved.  Finally, I had to take it in for a leaking head gasket.  While it was in for the head gasket replacement, the dealer discovered that the valves needed to be recut, which took two weeks. 

I just got the bike back today and rode from Sunnyvale to SF, where I discovered coolant on the bodywork and near the radiator.  At this point I'm just enraged and wondering what my options are.  Lemon law?  4500 miles on the bike and still well within warranty. 

Any information is appreciated.  Thanks for your time. 

[Desmostro]

geez that sucks.

Mine has had the typical known issues:
*regulator
*radiator leak
*gas tank leak
BUT, it was never in the shop for more than a few hours. In, out same day. That's just peripheral stuff.

Valves, head gasket, man, that's too much for a spanking new bike + the stalling thing. I'd look into the lemon law thing.
My neighbor had a lemon bike. He got a lemon-law lawyer, went to harley and got money back on bike AND gear he'd bought, + hardley had to pay lawyer as well. He walked away 100% reimbursed.

If you do this I would highly recommend returning it to 100% stock condition first, just so there's no unnecessary discussion.

Go get a new one. You were talking about another Monster anyway last we spoke.

[mostrobelle]

A bunch of minor stuff is just that--minor...hell, my bike is constantly springing leaks and having stuff go wrong with it.  Granted, mine ain't brand new off the lot, but dealing with little stuff is what's in everyone's future if you keep a machine long enough.  My point is that you've had some fairly significant issues.  I don't know anything about lemon law, but it would seem reasonable that going in countless times--even if it's covered under warranty--is becoming an undue burden. 

[ROBsS4R]

My friend went through two 1098. Finally the dealer said you can try this 3rd bike or get a refund. He took the refund.

He had the famous stalling issue. The dealer couldn't figure out the issues so they got him a second bike. Same problem.

[sugarcrook]

Thanks for the input.  I'm going to get the radiator replaced and put in a call to a lemon law lawyer.

Not sure if I'd get another Duc after this.  For what the 848 costs I could get two Japanese bikes so I'd have one to ride while the other is repaired.

[Spidey]

Does the radiator need to be replaced?  Or did they just leave the cap off or something.   

Lemon law.

Don't be put off from Ducs in general.  With everyone bike company, you're going to find a bad bike sometimes.  If you like the 848 and don't have PTSD from your experience with this one, get another (plus more stuff -- under Lemon Law, they owe you) or some other Duc.  If that one sucks, then consider writing off Ducati.

[desmoquattro]

Does the radiator need to be replaced?  Or did they just leave the cap off or something.   

There was a recall involving the radiator tabs. Desmostro had his replaced after one of the tabs broke. And no, he wasn't doing wheelies at the time...that was me.

[ROBsS4R]

Does the radiator need to be replaced?  Or did they just leave the cap off or something.   

Lemon law.

Don't be put off from Ducs in general.  With everyone bike company, you're going to find a bad bike sometimes.  If you like the 848 and don't have PTSD from your experience with this one, get another (plus more stuff -- under Lemon Law, they owe you) or some other Duc.  If that one sucks, then consider writing off Ducati.

+1 don't be put off on Ducs in General. 30k miles running strong on my Monster and no major problems. Dam I just jynxed myself 

[slower than...]

Well, many folks here would probably agree that you can get mixed results with Service Departments, depending on which Dealer you are using.  Before going back to your Dealer, seriously consider calling Ducati of Modesto, just to see what their experiences has been with the stalling issue and the other woes you are experiencing.  Even Nichols highly recommends them for warranty work.  They were great for my warranty work.  When they couldn't finish the job right away, they even trucked the bike back to me at no charge.  It was truly worth the drive to get the job done right. 

[ptam]

I can sympathize with your frustation related to the situation.  I work in automotive Lemon Law aka Song-Beverly Consumer Waranty Act.  Keep in mind that motorcycles are specifically excluded in it. 

1793.22e(2): 2) "New motor vehicle" means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. "New
motor vehicle" also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and
characteristics common to vehicles of the same or similar model and type.

1795.90(e) "Motor vehicle" means a motor vehicle, excluding motorcycles, motor homes, and off-road vehicles, which is registered in this state.

And I disagree with Spidey, if you were to prevail under lemon law, you're not entitled to a replacement vehicle and more, it would either be a replacement vehicle or a refund (both with a deduction based on the usage).

1793.2(2C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph  (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to
use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time
the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law.



With all that being said, my 2 cents is before you go get a lawyer (and the lawyer will tell you whatever you want to hear to get your business, if you don't prevail, you can be on the hook for the attorney bills etc), I'd call DNA and discuss your concerns.  They may be able to do something for you.

[sugarcrook]

Fair point about lawyers.  I'm going to do some more research first.  I've contacted DNA in the past about the issues with the bike but they haven't been very helpful. 

I've also had mixed results with Modesto and I'm not wild about the drive out there only to be told they couldn't find a problem.  (Took the bike to them before for the head gasket issue and they didn't feel like working on it.) 

Taking the bike in shortly to see if it's a quick fix.

[sugarcrook]

Hole in the radiator and a new radiator was not in stock.  Going to be at least a week before I get it back. 

[Desmostro]

Hole in the radiator and a new radiator was not in stock.  Going to be at least a week before I get it back. 

 Got to say, munroemotors.com in SF yanked a radiator of a new 1098 so I didn't have to wait. 
It was done in 4 hours.

I didn't buy it there, but will consider them next time.
Don't waist your time with Modesto if they don't help you, that sucks. (thumbs down icon)

[sugarcrook]

Finally got it back today after waiting a week for a radiator.  Runs great after getting the valves recut. 

Then I was rolling up to a red light and it stalled again. 

I quit. 

[Desmostro]

Do the Lemon law thing. that's absurd.

PS.
I just read on the superbike forum the same from another guy. He cured it after his shop ran out of ideas:

"I put in the the bigger 1098 battery in my 848 and all my problems solved. If you take out the spacers in the battery compartment, the larger battery fits. Not sure if this will fix your issue, but mine stalled all the time and wouldn't start from day to day."

Finally got it back today after waiting a week for a radiator.  Runs great after getting the valves recut. 

Then I was rolling up to a red light and it stalled again. 

I quit.