NHTSA Complaint #10170983 — 2006 VICTORY CNSS

I HAVE A 2006 POLARIS 800 SPORTSMAN ATV THAT WAS PURCHASED NEW FROM RIDERSVILLE CYCLE IN BERKELEY SPRINGS, WV ON JANUARY 25, 2006. ON MAY 26, 2006 I WENT RIDING WITH A FEW FRIENDS. I CHECKED THE VEHICLE OVER AS I DO BEFORE EVERY RIDE AND EVERYTHING SEEMED NORMAL. APPROXIMATELY 2 HOURS INTO OUR RIDE, I WAS ASCENDING A HILL THAT I HAD MANY TIMES BEFORE, WHEN SUDDENLY THE THROTTLE ASSEMBLY SLIPPED DOWN THE HANDLE BAR AND LOCKED THE THROTTLE WIDE OPEN CAUSING ME TO LOSE CONTROL AND CRASH THE VEHICLE. THE VEHICLE LANDED ON TOP OF ME. I HAVE WITNESSES THAT SAW THE ACCIDENT AND HELPED ME TO GET THE 770 POUND MACHINE OFF OF ME. MY LOWER BACK WAS INJURED AND I WAS TERRIBLY BRUISED. THE POLARIS SUSTAINED SEVERAL THOUSAND DOLLARS WORTH OF DAMAGE. TODAY IS OCTOBER 16. 2006 AND I JUST PICKED THE POLARIS UP FROM RIDERSVILLE CYCLE IN WEST VIRGINIA. THEY HAVE HAD THE ATV SINCE 2 WEEKS AFTER THE ACCIDENT. ALL THAT WAS DONE BETWEEN THEN AND NOW WAS THAT THEY REMOVED THE PART THAT FAILED AND CAUSED THE DAMAGE, SENT IT BACK TO THE MANUFACTURER, POLARIS. POLARIS CLAIMS THAT THE PART DID NOT FAIL AND SENT IT BACK TO THE DEALERSHIP, RIDERSVILLE. RIDERSVILLE RE-INSTALLED THE PART LAST WEEK AND CALLED ME TO PICK THE VEHICLE UP. *NM