While I will not have an opinion when it comes to the legal claim, I can confirm that if I put my F800GS on the center stand the wheel will spin even when clutchlever is pulled in all the way, and unloaded it will spin almost as if the clutch was out. However it does not take much force to stop the wheel from spinning.
This friction in the clutch makes my bike jerk ever so slightly when I put it in gear. If I for some reason put the bike in gear while not sitting on the bike, the mere weight of the bike will stop it from moving.
Now, if the clutch is slightly out of adjustment, there might be a slightly extra pull which would hardly be noticeable as long as you sit on the bike but might make a difference when you stand next to the bike and you are not prepared for the forward jerk that might be able to move an unloaded bike.
As for BMW covering the costs it is my experience that BMW generally are more willing than most brands. But they rely heavily on the judgment from the dealer, thus the dealer needs a sensible explanation in order to get something back from the mothership.
The F800 is a lovely bike, so I hope you get this mess sorted out and your health back on track.
This friction in the clutch makes my bike jerk ever so slightly when I put it in gear. If I for some reason put the bike in gear while not sitting on the bike, the mere weight of the bike will stop it from moving.
Now, if the clutch is slightly out of adjustment, there might be a slightly extra pull which would hardly be noticeable as long as you sit on the bike but might make a difference when you stand next to the bike and you are not prepared for the forward jerk that might be able to move an unloaded bike.
As for BMW covering the costs it is my experience that BMW generally are more willing than most brands. But they rely heavily on the judgment from the dealer, thus the dealer needs a sensible explanation in order to get something back from the mothership.
The F800 is a lovely bike, so I hope you get this mess sorted out and your health back on track.