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

Cazzzidy · #1 10-21-2004, 06:03 PM

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

dieseldiehard · #2 10-21-2004, 06:10 PM

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

d.delano · #3 10-21-2004, 06:14 PM

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

Cazzzidy · #4 10-21-2004, 06:24 PM

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.

d.delano · #5 10-21-2004, 06:35 PM

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.

psfred · #6 10-21-2004, 06:41 PM

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

boneheaddoctor · #7 10-21-2004, 06:55 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.

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.

Eric Eliel · #8 10-21-2004, 06:57 PM

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.

boneheaddoctor · #9 10-21-2004, 07:01 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. 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.

JimSmith · #10 10-21-2004, 07:04 PM

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

george_hannah · #11 10-21-2004, 07:09 PM

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

bullwinkle · #12 10-21-2004, 07:21 PM

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

bill murrow · #13 10-21-2004, 07:54 PM

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

Tirebiter · #14 10-21-2004, 07:59 PM

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

george_hannah · #15 10-21-2004, 08:01 PM

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