I just went through this with my 400E. According to my attorney, as long as you are made "whole" by the insurance company you do not have a claim. If you were injured (My car was parked w/o me in it) you may have a claim.

Whole means you didn't have to pay anything out of pocket, you were offered full market value for your car, or it was repaired to your satisfaction. At the very least you should be driving around in a rental car. I had a POS 2010 Dodge Charger for a week. Oh and depending on YOUR insurance company, you may have to deal with the other persons insurance yourself. I am lucky because my attorney is a friend of mine and lives on the next block. Might be harder to get an attorney interested in your case, if you have one.

So the first step would be, copy of police report and contact her insurance to see if they accepted fault yet. The drunk guy that hit my 400E(I am mean totaled my 400E)... once his insurance, state farm, accepted fault(pretty much immediately) the ball was in motion. State farm was a pleasure to deal with actually.

I could have bought my 400E back for $500. I wanted to part it pretty bad, but my friend/attorney convinced me I had more important things to do with my time.

Goodluck

__________________
08 R320 CDI current

Past
95 E420
87 300D Turbo 5spd
90 300TE
83 300SD
85 300TD
92 400E
85 190D