My 300D is probably totaled - Page 3 - PeachParts Mercedes-Benz Forum

240Demon · #31 10-22-2004, 12:24 PM

Man...you have to file a police report. As many of the other members have said, this scumbag could come back after you. It would be a good idea to file a report and protect yourself, and maybe even have some good come out of it. That guy needs to get what's coming to him!!

Strife · #32 10-22-2004, 12:32 PM

I second this - ABSOLUTELY call the police and get a report should an accident occur EVEN IF IT IS CLEARLY YOUR FAULT. If the other guy wants to take off and does, this is a crime in many states, particularly if there is an injury (HINT: In this case, you should have fallen out of the car writhing in agony after the accident). If you are really OK later, great; if not, you have something to stand on. Some injuries don't show up for weeks OR MONTHS!

Without that report, you have opened an opportunity for a POS to sue YOU.

I'm not that kind of a person that will call a lawyer at the drop of a hat - I just want to protect myself from those who do.

OhioMercedesBoy · #33 10-22-2004, 12:45 PM

Quote:

Originally Posted by Hatterasguy

Chances are you will never get a penny out of him, sueing him is a wast of time so what you get a $5k small claims settlement do you think that guy has $5k dollars or $5k in assets? He probably works at a part time job for $8 an hour or sucks in welfare.

I look at it this way. If you hit me, and you are not trying to be a pain about it, I'll be flexible. If you are trying to be an ass, be uncooperative, and screw me out of getting my vehicle repaired, I will run you so far through the system that you will wish you had never gotten your license.

I was in an accident in May in my VUE. I came over a hill, just after a torrential downpour. The posted speed limit was 55 and I was going 30ish, and being one of the slowest people on the road. I looked up and saw water running across the road, and saw a yellow Ford Escape stopped in the middle of the road, with no flashers on or anything. I attempted to move over a lane but couldn't because there was a car there. I had no place to go and couldn't stop fast enough (my ABS was pumping away like mad) and I hit them at an estimated 30-35 MPH square on in the rear. Before I can even unwedge my feet from under the dash (my shoe came off and I put my foot through the sound panel as I slid off of the brake) the driver was at my door jumping up and down screaming. Cars were sliding all around us, and I got out and got off of the road on the other side of a guardrail. The driver and passenger, both wearing heels and dressed provocatively, jumped over the guardrail, and ran ~100 feet down a hill into a ravine. I called 911, and then called my dad. The cop showed up and started filling out paperwork, and then my dad rolled up in his S500. The minute they saw this, the driver miraculously started having back pains, and then the passenger griped her neck was hurting. The cop even scoffed at their sudden change, but called an ambulance. The ambulance came and took them away.

I was thinking I was going to get cited, but 3 witnesses stated I had nowhere to go, they were stopped for no reason, and that I was driving uber conservatively, and I ended up not being cited. The driver of the Escape was, however, for illegal stopping.

About 5 minutes later, I find out that I hit 2 prostitutes with no insurance, warrants out for both of their arrests, the car had drugs in it, and the license registration was expired. Add to this their insurance fraud claim as they were not injured, climed they were, and tried to create a lot of medical bills... yea, my lawyer is/was having a good time with this one.

~D.J.~

jimmy hat · #34 10-22-2004, 01:12 PM

Quote:

Originally Posted by Eric Eliel

He doesn't have collision insurance AND uninsured motorist coverage is for medical not collision. (i think......).

Without collision his insurance company owes him nothing.

thats right, and they won't do anything, including increase premiums...that is why he needs to call the police.

a police report will not raise your premiums or affect your driving record because YOU were not at FAULT. if the insurance company doesn't spend any money for your car, your rates cannot be raised. you're not making a claim (you can't without collision), you are getting an accident report. if the report finds that you are not at fault; your driving record is not affected. if your driving record is not affected, your rates cannot be raised. if your insurance agent is telling you different, there are government agencies out there that will set him straight.. its illegal, at least in every state i have lived in. VERY VERY rarely is anyone ever at fault when being rear-ended, even if the light was operational and green, you would not be a fault. get an accident report immediatley and get your car fixed. if his car ran, it must be worth something. blood can be squeezed from a turnip. besides, you owe to your fellow citizens to have this guy be fully punished by the law for not having insurance, and get him off the road.

Hatterasguy · #35 10-22-2004, 04:53 PM

Wow OhioMercedesBoy what a mess, hopefully you can get it all fixed!

Is your insurance company going after them? Unfortunitly they probably have nothing so sueing them will get you nothing. Sometimes s#%# happens!

At least they got arrested!

OhioMercedesBoy · #36 10-22-2004, 05:53 PM

Quote:

Originally Posted by Hatterasguy

Wow OhioMercedesBoy what a mess, hopefully you can get it all fixed!

Is your insurance company going after them? Unfortunitly they probably have nothing so sueing them will get you nothing. Sometimes s#%# happens!

At least they got arrested!

I have full insurance, with uninsured motorist's coverage (it's a 2002 vehicle). My car is fixed, and has been shown 2x since the accident. As far as I am concerned, I am done with it. My insurance company went after them, and the case between us is closed.
If I had to put them out of their home to get paid, so be it. I am the law abiding citizen who is responsible enough to pay for everything needed to operate a vehicle legally. I don't feel sorry for them one bit.
~D.J.~

Cazzzidy · #37 10-22-2004, 07:34 PM

This guy really tried to screw me over. And driving around getting estimates pushed me over the edge today. Lowest estimate is $2400.

So I heeded everyones advice and got the ball moving. Contacted the police, made an accident report, and left him a message saying: "Hi, I filed an accident report -- I need your insurance. If you don't have any, we need to work out a payment. If you are not cooperative, we will take this to court."

We will see what happens.

michakaveli · #38 10-22-2004, 07:39 PM

Quote:

Originally Posted by Cazzzidy

Why?

The only thing calling the police is going to do is make an accident report. All that is going to do is raise my premiums.

I talked to my insurance agent and he said it is probably not worth it. My car will be totalled, I will get a court settlement saying he owes me blue book (nothing), I get a collection agency to try and get the money, and if I am lucky I get a grand over the next several years. Meanwhile, I will have payed for it in raised premiums. And yes, my company raises costs even if the accident isn't your fault.

I am screwed anyway I go.

Police report has absolutely nothing to do with insurance premiums.

boneheaddoctor · #39 10-22-2004, 07:50 PM

Quote:

Originally Posted by Cazzzidy

This guy really tried to screw me over. And driving around getting estimates pushed me over the edge today. Lowest estimate is $2400.

So I heeded everyones advice and got the ball moving. Contacted the police, made an accident report, and left him a message saying: "Hi, I filed an accident report -- I need your insurance. If you don't have any, we need to work out a payment. If you are not cooperative, we will take this to court."

We will see what happens.

Good. worst case they garnish his wages, and you get paid, best case you get everything fixed like it should be.

Besides you can always make his life a living hell. Use your imagination there.

There are legal ways to do it and illegal ones, take your pick. But thats only if you get stiffed altogether.

kmaysob · #40 10-23-2004, 04:34 AM

Quote:

Originally Posted by Cazzzidy

Let me expand on the situation a bit. I was being brief and wrote the original posts as quickly as possible.

I am not sure if he has a drivers license or insurance. He refused to show them to me because he has heard stories of people "getting screwed for stuff they didn't do" and was becoming a bit scary. He refused to aknowledge that the damage on my car came from him. He said an old Mercedes would never crumple like that because they are built so tough.

He kept trying to get back in his car, saying, "I am cool if your cool..."

I yelled back repeatadly, "I am not cool untill I get some info!"

He wouldn't budge. I wanted to call the cops, but I was in a city where I have never driven before, in a shady neighborhood and did not want to wait around with him while the cops came. I had his plate # and a working phone number, and that should be enough to get a police report rolling. You have three days to file a police report after a non-injury accident.

My insrance will go up at least $300 a year if an accident report is filed. I really don't wan't to pay that, but I will if it means I can get money out of this guy.

My plan is to call and offer him two options:

I make a report, get a lawyer, sue him (he probably loses his license, his car, etc)

Or he co-operates and pays an agreed sum. I get the subframe pulled to spec and I weld in and paint a new quarter panel.

Cassidy

300 A YEAR? THATS IT? my insurance costs me 250 a MONTH!!!! and your complaining about a year?

Hawk180 · #41 10-23-2004, 11:53 AM

I suppose each state differs, but here in WA the premiums usually do not go up if the accident is not your fault. My 89 190 was hit about a year and a half ago with just over $7,000 in damage. Of course they wanted to total it, but I fought that and won. The young lady, (single mom, minimum wage job) who hit me was uninsured and her plates had expired. After medical, damage, towing, car rental and small cash settlement was taken care of. my insurance company (State Farm) had paid out just over $12,000. My premiums were never raised.
Oh and as side note. When they began the subrogation process against her, She had moved and left no forwarding address or telephone number. (Imagine that)!! I know she was struggling to make a living for herself and her child, but running is not the answer.

The Warden · #42 10-23-2004, 03:01 PM

Quote:

Originally Posted by kmaysob

300 A YEAR? THATS IT? my insurance costs me 250 a MONTH!!!! and your complaining about a year?

I think Cazzidy's talking about an extra $300/year, on top of what he's already paying.

81Wagon · #43 10-23-2004, 04:59 PM

Quote:

Originally Posted by kmaysob

300 A YEAR? THATS IT? my insurance costs me 250 a MONTH!!!! and your complaining about a year?

Sheesh, you must have that SD insured to the max, or you've got a horrendous driving record. I've got one at-fault accident on my record, a speeding ticket, and I'm under 25 (I see so are you) and still I pay a little over $50 per month. No collision insurance, but adding that (with a $500 deductible) would only boost it to about $75 per month.

Am I just lucky or something? What does everyone else on this board pay for insurance?

Cazzzidy: I'm glad you reported the accident!

Hatterasguy · #44 10-23-2004, 06:44 PM

Quote:

Originally Posted by kmaysob

300 A YEAR? THATS IT? my insurance costs me 250 a MONTH!!!! and your complaining about a year?

Mine just dropped slightly I'm down to $200 a month. The reason it is high it becuase were young, teenagers aren't cheap to insure. My driving record is perfect, I am hoping when I hit 20 it drops.

bill murrow · #45 10-23-2004, 07:12 PM

Being a cool, but old fart [I'm 47] I'm paying $324/year.

We live in the boondocks of S.E. Pa. If you try to get insurance down near D.C. the rates go up dramatically as they do when you get near any major city.

I would think Calif. rates are probably the highest.

Cheers,

Bill