Phoenix electric folding bike

[cls0836.lzmsuqj]

I have brought a phoenix electric folding bike iv nearly had two accidents the last one I ended up in hospital with broken ribs, back ,arm and chest damage, u put brakes on and they take off ,I have heard this of others even with scooters, SO BECAREFUL 

[sandypebbles]

Buying such a thing from a random on eBay is never advisable 

Accidents happen every day in all kinds of vehicles, there is no need to add another risk factor in the mix 

[domino-710]

What do you mean - ' you have nearly ' - ' nearly ' doesn't get you into hospital.

Why am I not surprised.

[springyzone]

I am so sorry to hear of the accident. That is horrific, to end up with all those injuries.

What you are saying is the bike is faulty? That you go to brake and instead the bike picks up speed?

Sounds like a genuine hazard and worth reporting to authorities, if that is the case.

I think the thing with electric bikes and other things is that you need to do the research before you buy and get a good brand with a proper guarantee.

Where did you buy it from? If on ebay, wrong place to shop for these sorts of products. Always shop in Australian stores where you'll get something made to Australian standards with an enforceable warranty.

[cls0836.lzmsuqj]

The bike has a fault, when u brake ,the bike takes off,it nearly put me in front of a car the 1st time, the second time I was going so slow went to go into a drive way which went down a bit and it took off I slammed the brakes on which caused me to fly over the handle bars and break 2 ribs &muscles damage to my back arm and breast  .Dr advised me at the hospital to sue use ,I have a solicitor unless you would like to come to sum solution other than court ,,I don't have an option thank you sandra clelland 

[countessalmirena]

@Sandra,

You are posting on a community discussion board. You are not contacting either eBay or the seller.

Is your doctor aware that you purchased from a seller on eBay who is probably (at a guess) registered in China?

I am sorry that you’ve had this accident. To me, this highlights all the more the need not to buy the cheapest item on the internet. If you purchased from a Chinese seller, I don’t know what you can do re your injuries.

If your purchase was less than six months ago, and you paid through PayPal, use the Buyer Protection on PP to get a refund… or if you paid via credit or debit card, check with your bank to see if you can do a chargeback.

Please please be more careful with your purchases online. Some things are not worth the risk; if you’d bought from an Australian business, you’d have a warranty and a pathway for court action in respect of injuries. Talk to your solicitor and be completely frank about the purchase and the seller details, as the community here really don’t know enough to give more than general community advice about the eBay aspects.

You have certainly left it too late to seek any remedy through eBay. Their Money Back Guarantee (MBG) is only available for 30 days from receipt of the item.

[springyzone]

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@cls0836.lzmsuqj wrote:

The bike has a fault, when u brake ,the bike takes off,it nearly put me in front of a car the 1st time, the second time I was going so slow went to go into a drive way which went down a bit and it took off I slammed the brakes on which caused me to fly over the handle bars and break 2 ribs &muscles damage to my back arm and breast  .Dr advised me at the hospital to sue use ,I have a solicitor unless you would like to come to sum solution other than court ,,I don't have an option thank you sandra clelland 

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My brother in law and his wife had electric bikes (not fold up ones though)and said they were a bit tricky to learn to ride till you got used to them, as they didn't work exactly like a pedal bike. Having said that, they loved them and rode them a lot without accident.

It is okay for the doctor to suggest you sue, but it can be an expensive option.  If I were you, what i would do is contact one of the companies where they will give you one free consultation (often over the phone) with a no win, no fee option. They will ask you a lot of questions in detail and will give you an idea of whether you are likely to have a case or not. Doesn't mean you ultimately have to go with them, but it will give you a guide.

I have no legal background but my guess would be that if you bought from an overseas seller, the whole procedure would be a whole lot more complicated and the chances of success not so good. But you will need to run all the relevant details past someone with the expertise to advise you properly.

Apart from that, I can't see many other options for you. There is the paypal 180 day claim period, as countess mentioned. If you paid that way you may be able to get a refund but you won't be able to get compensation for injuries. If you are able to claim on paypal, it is important to make it clear that the bike was faulty from the start. Not just that it was poor quality. That it was faulty. Paypal will refund for items you don't receive at all or that are faulty, but they won't refund for poor quality, nor do they provide a warranty for items that develop faults after you receive them.

[domino-710]

No Doctor nor any Doctor I have ever met would ' advise to sue '.

They may ask what do you intend to do - in that case suggest - get advice on what you can do.

It could also be suggested - very few car accidents are the problem with the car - same with these bikes.

[daydreams_12]

Would be interested to know what state you are in.  I do know that in NSW electric, bikes, scooters and skate boards are illegal to be used on roads and footpaths.  My g'son was fined last year riding an electric scooter on footpath.  I went to court with him and Magistrate told him these things are only meant to be used on private property.  Police are well within their rights to fine people.  Dont know how you would go trying to sue for injuries.

[domino-710]

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@cls0836.lzmsuqj wrote:

The bike has a fault, when u brake ,the bike takes off,it nearly put me in front of a car the 1st time, the second time I was going so slow went to go into a drive way which went down a bit and it took off I slammed the brakes on which caused me to fly over the handle bars and break 2 ribs &muscles damage to my back arm and breast  .Dr advised me at the hospital to sue use ,I have a solicitor unless you would like to come to sum solution other than court ,,I don't have an option thank you sandra clelland 

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OK - read this again.

And simply trying to make sense of the whole.

First time - braked and the bike ' took off '.

Second time - braked - seems the brakes were so good - over the handlebars he/she went.

Anyone else confused.  ??