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  #1  
Old 10-21-2004, 06:03 PM
Cazzzidy's Avatar
French Fry Fuel
 
Join Date: Feb 2004
Location: Santa Cruz, CA
Posts: 118
My 300D is probably totaled

Hey guys,

Remember my 300D that I bought about 4-5 months ago for a lot of money because it was cherry at 100,000 miles? Yeah, the one I replaced the headgasket and radiator on, fixed all the oil leaks, converted her to WVO with a 2nd tank and all, put a full stereo in it this weekend and all new rotors, pads, bearings and shocks last weekend. She was just getting the way I wanted. On the trip up to San Fran I was thinking, "man, she is running perfectly on clean renweable fuels, the stereo is bumping, all the differed maintenance is finished..." I was so happy.

But today on the way to a doctor's appointment, I was rear ended at 25+ mph. I was coming to an intersection right before a freeway on ramp. I was going about 35 when I noticed the traffic light was out. Fearing that the entire intersection might be down, I started braking. I was braking hard, but definantaly not near a panic stop. As I get down to 5 mph I look in my rear view mirror and see a Honda coming at me at fast. BAM! Hit hard ... head whipped into the head rest, instrument cluster pops out.

I get off the road and the guy follows. His Civic was messed up pretty bad. My car looked good from the back, but once you look at the left rear quarter, you know it was mangled. The quarter is wrinkled in three places up to 6 inches back from the left rear door. The door barely opens and closes and is a good 1/4" out of alignment. The transmission is having a really hard time shifting, because I imagine the driveline is compressed or something.

The jackass is uninsured and probably doesn't have a drivers license. He was really uncooperative and aggressive. He wouldn't give me any information and I was scared he would get violent or take off if I brang up the cops. I got his name, a phone number and his license plate. I don't have collision on my car, so my insurance won't pay a penny. He looked to be broke as hell, so I doubt I would see a penny out of him, even if I took him to court.

Oh well, it is just a car. But this on top of some medical concerns is really getting me down.

Cassidy

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Cassidy
1982 MB 300DT - Running Great @ 104K!

1972 MB 220D - RIP @ ~200K (Dropped prechamber)
1992 MB 190E 2.6 - SOLD @ 145K
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  #2  
Old 10-21-2004, 06:10 PM
dieseldiehard's Avatar
Dieseldiehard
 
Join Date: Oct 2002
Location: Bay Area No Calif.
Posts: 4,299
You should have called the police, no insurance is a real problem - that's why uninsured motorist is a mandatory fee when you, the leagally insured motorist has to buy insurance.
I would have sat on his head until the cops came.
Oh yes, pity it happened to you and the nice MB diesel.
That's why I drive the 220 gasser on rainy days.
Dieseldiehard
1971 220 (gas) 4-spd manual 106441
1979 300TD w/ ’85 turbo engine 295530
1983 300D 243280
1985 300TD 217300
1987 300D 258230
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  #3  
Old 10-21-2004, 06:14 PM
d.delano's Avatar
Dönerkebap
 
Join Date: May 2004
Location: DC
Posts: 1,466
Quote:
Originally Posted by Cazzzidy
Hey guys,

Remember my 300D that I bought about 4-5 months ago for a lot of money because it was cherry at 100,000 miles? Yeah, the one I replaced the headgasket and radiator on, fixed all the oil leaks, converted her to WVO with a 2nd tank and all, put a full stereo in it this weekend and all new rotors, pads, bearings and shocks last weekend. She was just getting the way I wanted. On the trip up to San Fran I was thinking, "man, she is running perfectly on clean renweable fuels, the stereo is bumping, all the differed maintenance is finished..." I was so happy.

But today on the way to a doctor's appointment, I was rear ended at 25+ mph. I was coming to an intersection right before a freeway on ramp. I was going about 35 when I noticed the traffic light was out. Fearing that the entire intersection might be down, I started braking. I was braking hard, but definantaly not near a panic stop. As I get down to 5 mph I look in my rear view mirror and see a Honda coming at me at fast. BAM! Hit hard ... head whipped into the head rest, instrument cluster pops out.

I get off the road and the guy follows. His Civic was messed up pretty bad. My car looked good from the back, but once you look at the left rear quarter, you know it was mangled. The quarter is wrinkled in three places up to 6 inches back from the left rear door. The door barely opens and closes and is a good 1/4" out of alignment. The transmission is having a really hard time shifting, because I imagine the driveline is compressed or something.

The jackass is uninsured and probably doesn't have a drivers license. He was really uncooperative and aggressive. He wouldn't give me any information and I was scared he would get violent or take off if I brang up the cops. I got his name, a phone number and his license plate. I don't have collision on my car, so my insurance won't pay a penny. He looked to be broke as hell, so I doubt I would see a penny out of him, even if I took him to court.

Oh well, it is just a car. But this on top of some medical concerns is really getting me down.

Cassidy
you need to call the police
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'02 BMW 325i
'85 300D 450k
'93 190E 2.6 170k(killed by tree)
'08 Ducati Hypermotard 1100S 6k
'06 Ducati S2R800 14k(sold)
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  #4  
Old 10-21-2004, 06:24 PM
Cazzzidy's Avatar
French Fry Fuel
 
Join Date: Feb 2004
Location: Santa Cruz, CA
Posts: 118
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.
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Cassidy
1982 MB 300DT - Running Great @ 104K!

1972 MB 220D - RIP @ ~200K (Dropped prechamber)
1992 MB 190E 2.6 - SOLD @ 145K
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  #5  
Old 10-21-2004, 06:35 PM
d.delano's Avatar
Dönerkebap
 
Join Date: May 2004
Location: DC
Posts: 1,466
ok so do nothing, be a victim, and enable that same jackass to keep on keepin' on. good job and good thinking.

there is a price to be paid by being a stand-up kind of person but it's worth it.

furthermore you must have something to hide yourself.
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'02 BMW 325i
'85 300D 450k
'93 190E 2.6 170k(killed by tree)
'08 Ducati Hypermotard 1100S 6k
'06 Ducati S2R800 14k(sold)
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  #6  
Old 10-21-2004, 06:41 PM
Registered User
 
Join Date: Aug 2001
Location: Evansville, Indiana
Posts: 8,150
They owe you for the car in the condition it was in, not a mythical bluebook number.

Contact an attorney and the police and file a report, you don't have a leg to stand on otherwise.

They are also not entitled to raise YOUR rates for an accident not your fault, so hold them to that too.

If you do nothing they will steal you blind, they are in the business of screwing money out of people, nothing more!

Peter
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1972 220D ?? miles
1988 300E 200,012
1987 300D Turbo killed 9/25/07, 275,000 miles
1985 Volvo 740 GLE Turobodiesel 218,000
1972 280 SE 4.5 165, 000 - It runs!
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  #7  
Old 10-21-2004, 06:55 PM
boneheaddoctor's Avatar
Senior Benz fanatic
 
Join Date: May 2004
Location: Hells half acre (Great Falls, Virginia)
Posts: 16,007
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.
In some if not most states YOUR insurance has to cover for damage caused by uninsured motorist, comprehensive is if YOU screw up. YOU didn't. AND they can't jack up your rates for it. I would talk to your states insurance commissioner.

You had a cherry car, they have to make you whole. Generic blue book is a cop out they use to screw you. You don't have to settle for blue book, particularly if you have reciepts for a lot of recent work. They have to give you a car in equal condition or give you the money to buy one in equal condition. Even if thats more than Blue book.
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Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
---------------------
Section 609 MVAC Certified
---------------------
"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche
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  #8  
Old 10-21-2004, 06:57 PM
Registered User
 
Join Date: Apr 2001
Location: So. California
Posts: 744
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. I pay about $800 total per year for my 300D ($500 deductable) AND thats here in SO CA. Collision doesn't cost that much for these older cars, I've just been reading too many horror stories about drivers not carrying ANY collision insurance. Even carrying something with a $1,000 deductible is worth it for a cherry 123 diesel.

Now if yours is a total beater (or your drive with a sign that says "steal me please") that is another issue.
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  #9  
Old 10-21-2004, 07:01 PM
boneheaddoctor's Avatar
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Join Date: May 2004
Location: Hells half acre (Great Falls, Virginia)
Posts: 16,007
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. I pay about $800 total per year for my 300D ($500 deductable) AND thats here in SO CA. Collision doesn't cost that much for these older cars, I've just been reading too many horror stories about drivers not carrying ANY collision insurance. Even carrying something with a $1,000 deductible is worth it for a cherry 123 diesel.

Now if yours is a total beater (or your drive with a sign that says "steal me please") that is another issue.
No you are wrong, Collision cover his car if he is "AT FAULT", if the other guy is at fault they have to pay you as if he was, they then go after him legally to recover funds. Thats how it works most places, Like PA, MD, and VA. Ask me how i know. OH, and Deductible does not apply in that situation either. They will try to weasle out of it but stand your ground and call the insurance commisioner first then sue them in court. This is EXACTLY why they require uninsured motorist riders. It covers property (his car) AND medical.
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Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
---------------------
Section 609 MVAC Certified
---------------------
"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche
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  #10  
Old 10-21-2004, 07:04 PM
Moderator
 
Join Date: Jul 2001
Location: Old Lyme, Connecticut
Posts: 3,596
Cazzzidy,

You will have to fight as no insurance company is going to volunteer to make you whole again, but you can win. I got $7,100 for repairing my 1986 190E 2.3-16, a Euro car, by being persistent when it got rear ended with my son at the wheel. I have no collision insurance either. It was a long battle but it worked out in the end. And fight getting it "totalled" as that requires more of your time and effort. Jim
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Own:
1986 Euro 190E 2.3-16 (291,000 miles),
1998 E300D TurboDiesel, 231,000 miles -purchased with 45,000,
1988 300E 5-speed 252,000 miles,
1983 240D 4-speed, purchased w/136,000, now with 222,000 miles.
2009 ML320CDI Bluetec, 89,000 miles

Owned:
1971 220D (250,000 miles plus, sold to father-in-law),
1975 240D (245,000 miles - died of body rot),
1991 350SD (176,560 miles, weakest Benz I have owned),
1999 C230 Sport (45,400 miles),
1982 240D (321,000 miles, put to sleep)
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  #11  
Old 10-21-2004, 07:09 PM
george_hannah's Avatar
The Diesel Guy
 
Join Date: May 2004
Location: Chadds Ford, PA
Posts: 82
Whether it is your fault or not you always want to call the police and file a police report if you're involved in an automobile accidnet. If the person does not have valid insurance the police officer will note it in the police report.

-George
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'81 300TD (White) 225,000 miles
'85 300SD (Burgandy) 239,000 miles
'86 300SDL (Silver) 340,000 miles
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  #12  
Old 10-21-2004, 07:21 PM
bullwinkle's Avatar
manic mechanic
 
Join Date: Jun 2004
Location: cincinnati
Posts: 377
I don't know about CA, but here in OH if a person causes an accident, is found at fault, and doesn't have insurance his driver's license and plates are yanked and not reinstated until the damage is paid for(and there is a mandatory license suspension for no insurance). I personally would at least talk to the police and possibly a lawyer-your car is at least worth that. Good luck, Mark P.S. It happened to me years ago(before this law existed) and I never saw a dime either
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1982 300DT 190K (Diesel Purge + synthetic oil=smoothness at last!!!)
2004 Ford E-350 6.0 L PSD 227K
2006 Dodge Ram 3500 SRW HO Cummins 4X4 48RE 42K (brute force tow vehicle)
2005 Scion xB wife's rolling pop can
1993 GMC Sierra C3500 6.2 142K
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  #13  
Old 10-21-2004, 07:54 PM
Waitn For The Bus All Day
 
Join Date: Jul 2004
Location: south east pa.
Posts: 1,786
Quote:
Originally Posted by boneheaddoctor
No you are wrong, Collision cover his car if he is "AT FAULT", if the other guy is at fault they have to pay you as if he was, they then go after him legally to recover funds. Thats how it works most places, Like PA, MD, and VA. Ask me how i know. OH, and Deductible does not apply in that situation either. They will try to weasle out of it but stand your ground and call the insurance commisioner first then sue them in court. This is EXACTLY why they require uninsured motorist riders. It covers property (his car) AND medical.

BHD has hit the bullseye.

Don't lay down. Sounds like your car is [or was] worth the fight.

I know a lawyer in San Fran-good friend of mine. Let me know if you want to use him and I'll hook you guys up.

Cheers,

Bill
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  #14  
Old 10-21-2004, 07:59 PM
Tirebiter's Avatar
Senior Member
 
Join Date: Dec 2003
Location: Southern California & Hawaii
Posts: 690
Quote:
Originally Posted by psfred
They are also not entitled to raise YOUR rates for an accident not your fault,
Peter
In the Republic of California, an insurance company counts every accident YOU are involved in whether it is your fault or not.

First hand information commin:
In 1990 I was driving my 1989 500SEL in downtown Los Angeles. I was stopped at an intersection that was controlled by a traffic officer. A 1987 Honda hit me in the rear doing about 25MPH and well witnessed by the cop.
His car was totaled ( he had to exit through his sun roof ) and my car had about $1200 in damages. I sued him in small claims court and received $2300 which he paid.

My insurance quote went up 15% because I was involved in an accident. My ageant agreed that I was not at fault yet his company, State Farm, had the policy of increasing the preminum for the next three years. He promised me that it would revert to my old policy price if I was not involved in another accident or convicted of a moving violation during that time. I promised him that I would suck the cesspool dry before I did buisness with him again.

Probably 30% of our clients are lawyers and they all confirmed that it was common practice for the companies to penalize their clients regardless of fault.

I would suggest that Cazzidy sue the guy in small claims court for the max limit of $5,000. Get an affidavit from anyone qualified to give an estimate of your damages to the court. That person MUST testify in court since a document will not stand on it's own as testimony. Only a person holding ASE certification(s) are recognized by the California courts as experts.
Be creative with the estimate. These small claim cases come up FAST and are usually desposed of within 90 days of filing. Make sure to have a Statement of Assets in hand and ask the court to order him to fill it out COMPLETELY at the time you win your case.

Maybe next week we will talk about the posting of a bond in lieu of an insurance policy
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1984 300D
1985 300CD
1980 300SD
1993 SL500
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  #15  
Old 10-21-2004, 08:01 PM
george_hannah's Avatar
The Diesel Guy
 
Join Date: May 2004
Location: Chadds Ford, PA
Posts: 82
If you did call sthe police he would of got a rather large ticket for not having automobile insurance on the unit. Just think the police would of run his info through the computer system and he might even of had a warrent out for his arrest. Who knows. The guy sounds like a piece of trash.

File a police report and call a lawyer.

Best of like.

-George

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'85 300SD (Burgandy) 239,000 miles
'86 300SDL (Silver) 340,000 miles
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