NHTSA Complaint #10171436 — 2006 TWIST N GO MILANO ML151

ON 7-23-06 MY WIFE WAS DRIVING HER NEW 2006 TNG MILANO SCOOTER IN WHICH SHE LOST CONTROL BECAUSE THE REAR FENDER BROKE OFF AND BECAME CAUGHT IN THE TIRE ROTATION. SHE WAS FORCED TO SWERVE OUT OF TRAFFIC AND COME TO A QUICK STOP, CAUSING THE BIKE TO CRASH ON TOP OF HER. THE DEALER, SCOOTER STATION, INSPECTED THE BIKE ON 7-25-06 AND DETERMINED THAT THE REAR FENDER WAS FLAWED. THE DEALER STATED THAT THE FLAW WOULD BE REPORTED TO CMSI.*AK ON 8-17-06 I WAS DRIVING MY TNG MILANO SCOOTER IN WHICH I LOST CONTROL BECAUSE THE REAR FENDER BROKE OFF AND BECAME CAUGHT IN THE TIRE ROTATION. I WAS FORCED TO SWERVE OUT OF TRAFFIC AND COME TO A QUICK STOP IN WHICH MY SCOOTER AND I CRASHED. THE DEALER WAS CONTACTED IMMEDIATELY TO REPORT THIS SECOND FENDER FAILURE. AGAIN THE DEALER CONFIRMED THAT THIS WAS A DESIGN FLAW. WE WERE INSTRUCTED TO CONTACT CMSI DIRECTLY TO DEAL WITH THE ISSUE. ON 8-24-06 WE SENT A CERTIFIED LETTER (WITH PHOTO DOCUMENTATION OF THE SCOOTER DAMAGE) TO CMSI REQUESTING A FULL REFUND FOR THE TWO TNG MILANO SCOOTERS. A REPAIR OR REPLACEMENTS APPROACH WOULD NOT ADDRESS THE REAR FENDER DESIGN FLAW. THESE OPTIONS WOULD NOT PREVENT US FROM BEING PLACED AT SERIOUS RISK WHILE DRIVING THE SCOOTERS IN THE FUTURE. WE RECEIVED NO RESPONSE. WE MADE FURTHER DOCUMENTED ATTEMPTS AT CONTACTING CMSI BETWEEN 8-24-06 AND 10-6-06 AND RECEIVED NO RESPONSE. ON 10-9-06 WE LET THEM KNOW THAT IF NO RESPONSE WAS PROVIDED THAT DAY WE WOULD TAKE THE NEXT STEPS IN PURSUING OUR RIGHTS. CMSI RESPONDED BY TELLING US THAT THE PROBLEM NEEDED TO BE TAKEN UP WITH THE DEALER NOT THEM. FINALLY ON 10-10-06 WE RECEIVED AN EMAIL FROM CMSI STATING THAT THEY WOULD FIX OR REPLACE THE SCOOTERS. I EMAILED CMSI IMMEDIATELY ASKING THEM IF THEY HAD REDESIGNED THE REAR FENDER. WE RECEIVED NO RESPONSE. MY WIFE AND I WERE BOTH SEPARATELY PLACED AT SERIOUS RISK. A REPAIR OR REPLACEMENT APPROACH CAN NOT SOLVE THE PROBLEM. *NM