He has insurance! - PeachParts Mercedes-Benz Forum

Cazzzidy · #1 10-26-2004, 02:17 AM

Hey guys,

Some of you may have followed the "My 300D is probably totaled thread".

If not, here is a quick refresher: I was rearended at about 25mph by a really intimidating, shady character. I got some contact information and a plate, but he would not share his drivers license or insurance info. I didn't get the cops involved at the scene (stupidly).

After giving him a call the next day threatening a civil suit if he didn't co-operate, he coughed up some insurance and drivers license. He is Arabic, and I believe how he behaved at the scene is explained as a cultural difference -- he was very scared of getting screwed over.

Anywho, we met today at a nice, well attended coffee shop, exchanged info, and filled out matching accident reports. I contacted his Insurance (Geico) and went to see an adjuster this afternoon. He was initially uncooperative untill I let him know I was playing hard ball. After a half hour of yelling, frustration and intervention by the owner of the body shop the adjuster worked from, I got him to recognize every ounce of damage on the rear of the car from the accident. $4150 worth!

They want to total my car and give me nothing! I haven't gotten the report yet, but a company called CCC will be apprasing my car based on the prices of 300Ds selling right now. I am they will try to give me close to $2500. We will see. Only thing I am sure of is it will be low.

I have a bill of sale from six months ago for $4500, another $2000 in non maintenance mechanics bills within the last 6 months, a $900 reciept for a transmission from exactly one year ago, $700 reciept for a WVO conversion, and a $600 reciept for a stereo. That is about $8500 worth of reciepts within the last year.

I am thinking about fighting for $4000, totaling it, buying it back, fixing it myself with the help of a body shop, and pocketing the difference.

What should I do? How do I fight this? What are my rights? Any advice appreciated!

Cassidy

flash123 · #2 10-26-2004, 03:19 AM

Wow!
Where did you get rights?
Insurance companies have rights, and lawyers have rights because they buy them. For an individual to have rights you have to have some pull. For the rest of us just us is just what it sounds like, JUST US. It's reserved for the ones that pay for it.

I'm suprised you didn't get hurt when the Mercedes was rear ended. You took quite a whack. Sometimes soft tissue damage can take a while to be noticed.

Forget rights, take a lesson from Karl Rove and fight back. If you want to know how to fight successfully read the book "Bush's Brain" you can learn a lot about how to fight back and win.

Don't waste time, get the book and read it now.

Otherwise you can do the small claims thing. You will go to court and you will be told that a judge is not available and a comissioner or arbitrator will hear your case. Just say no! You will be told you have to wait all day for the judge and even then he may not have time to hear your case today. Just say no. The insurance lawyer will not want to sit in the courthouse all day and will suddenly be willing to work something out. He has to win. Give him something. Don't start out with what is fair, start out with a number so that you can give him something and still come out OK. He will not be able to go back to his office with a negotiated settlement unless you give him something. You really don't want to sit on those cold courthouse benches all day do you.

BrierS · #3 10-26-2004, 05:22 AM

If they are going to total it, how much has the storage fee amounted to? In this state, they offer to sell you the vehicle for a fraction of the what they total it for however, they leave you hanging on storage/towing (unless you bargain and get it in writing).

A good appraisal can go a long way. To properly insure my special interest vehicles I get a pre-agreed amount. If there is any question on what they will insure it for I am free to bring them an appraisal. I haven't had to do that yet since we are talking about nothing for money. I have used purchase price and photos to insure my last three special interest vehicles. My point to turning this around is, you have your receipts and yes you have rights. Get an appraisal completed by a credible Mercedes shop. Don't confuse this with an estimate of repair.

BobK · #4 10-26-2004, 07:18 AM

One thing, try to not let them actually total it. Keep the title in your name, don't let them near it. Usually they will come up with some amount for a value and then deduct the salvage value if you want to keep the car. That way the title history may show a big accident, but it will not show a salvage title somewhere in the cars' history.
Oh and one other thing. Remember, the owner hit you. You are suing him. If his insurance company wants to get involved, that's nice, but your action is against him. Make sure he knows this. You don't really care who pays you, but you can prove the valve of your loss in court and intend to get it. It is his credit rating that will suffer and his drivers license that will be revoked if he does not pay up as ordered in court. (and a possibility, if he is on a green card, that he will get deported).
Personally, if I ever get one of my state reps within strangling distance, I'm gonna ask him what the heck he is doing writing insurance laws that give everything to the companies and nothing to the people.
I've had three cars totaled inthe past few years. I feel for ya.

bill murrow · #5 10-26-2004, 07:56 AM

When my MG got "totaled", the other guys insurance wanted me to turn my car over to them. I stood my ground and, after about 2 months, got what I had in the car plus the car.

I did have a little more leverage than you--I had a son in the car with me, 5 at the time, and a lawyer friend of mine told me to tell the insurance co. he was having nightmares about the accident. Did so and had my $ within 3 days.

Hang in there and fight. Don't let them get your car. And read the book that was suggested in a previous post.

Cheers,

Bill

boneheaddoctor · #6 10-26-2004, 09:40 AM

Fight for what you have into the car. Its only been six months, depreciation in that time is nil, and you should get everything you are owed. Most states you can sue for any amount over what the insurance will pay, and in this case with recent reciepts is all of it that should be paid.

I would hold out of all of your investment. If they keep dicking you around tell them they will be dealing through your lawyer.

JimmyL · #7 10-26-2004, 09:55 AM

We put more $ in these cars than they are worth, so any advice saying hold out for all the money you've invested simply isn't going to happen, so prepare yourself. Read the book, as advised. You will be doing well to recieve enough money to buy another fairly nice car, and hopefully keep the wrecked one for parts.
Good luck, as insurance companies are far more protected than the average slob like us.
JL

boneheaddoctor · #8 10-26-2004, 10:18 AM

Quote:

Originally Posted by JimmyL

We put more $ in these cars than they are worth, so any advice saying hold out for all the money you've invested simply isn't going to happen, so prepare yourself. Read the book, as advised. You will be doing well to recieve enough money to buy another fairly nice car, and hopefully keep the wrecked one for parts.
Good luck, as insurance companies are far more protected than the average slob like us.
JL

The insurance is required to make him whole, On his side he has a LOT of VERY recent reciepts. That is proof what he needs to be made whole.

He can legally expect to be paid that much.

Here is an example, you have two 1974 Corvettes......one was hacked and chopped with non-matching numbers, the second one is a matching number car in concours condition, do you honestly think they are both worth the same on a not at fault accident? I think not, and your lawyer would agree.

TX76513 · #9 10-26-2004, 10:44 AM

I see this type of thread pop up very often. You can validate the worth of your vehicle - and there is a month of reading about it here on the forum. Unfortunately you may never get what the car is actually worth to you (and I mean by what you have invested in purchace price, maintenace/repairs and sweat equity with a standard insurance policy. Those policies have a maximum amount of what is going to be paid unless you are "leveraging" with an injury. To avoid these hassles it's recommended that "agreed value coverage" be placed on any car that the owner has more $$'s in it than what FMV (fair market value) is on the car. This eliminates all these negotiation hassles after an accident. Does it cost more? Yes, but $16 month $192 year takes my 86 SDL to $15K of coverage (COMP). There is no way I could get $12K if my SDL was totaled with a standard policy.

my .02
(edit - you will have to have car inspected by insurace carrier -as they will not give excess coverages on a beater

boneheaddoctor · #10 10-26-2004, 11:24 AM

Quote:

Originally Posted by TX76513

I see this type of thread pop up very often. You can validate the worth of your vehicle - and there is a month of reading about it here on the forum. Unfortunately you may never get what the car is actually worth to you (and I mean by what you have invested in purchace price, maintenace/repairs and sweat equity with a standard insurance policy. Those policies have a maximum amount of what is going to be paid unless you are "leveraging" with an injury. To avoid these hassles it's recommended that "agreed value coverage" be placed on any car that the owner has more $$'s in it than what FMV (fair market value) is on the car. This eliminates all these negotiation hassles after an accident. Does it cost more? Yes, but $16 month $192 year takes my 86 SDL to $15K of coverage (COMP). There is no way I could get $12K if my SDL was totaled with a standard policy.

my .02
(edit - you will have to have car inspected by insurace carrier -as they will not give excess coverages on a beater

Sweat equity has no value in this situation. The reciepts do, they fact they are current is a HUGE plus. Thats what will legally put a dollar value on what the car is worth, Because that is tangible figures and recent, emotional atachments and sweat equity? well those would require a huge fight to get with no guarantees.

Equate this to a new car, you bought one month earlier, some idiot yacking on the phone rams you, hard, real hard. Do you get he used car value or the new car replacement price??????? Remember a car takes a huge depreciation the minute it leaves the lot. You would not be expected to take the loss. You have proof what you paid recently, you can expect to be made whole. the entire purpose of the law.

JimmyL · #11 10-26-2004, 11:48 AM

DaBoneheadDoctor,
I'm certainly not arguing with you on the 'right-ness' of what you are saying. It just simply "doesn't work that way". If I choose to put 10K in my '80 300TD (which it might take to make this piece of junk run), receipts or not I'm not gonna see a third of that. Some are worth more that others, but not by a huge dollar amount.
Again, I respect your sentiment, there is just no respect associated with the insurance industry.
JL

TX76513 · #12 10-26-2004, 11:59 AM

Quote:

Originally Posted by boneheaddoctor

.

Equate this to a new car, you bought one month earlier, some idiot yacking on the phone rams you, hard, real hard. Do you get he used car value or the new car replacement price??????? Remember a car takes a huge depreciation the minute it leaves the lot. You would not be expected to take the loss. You have proof what you paid recently, you can expect to be made whole. the entire purpose of the law.

Even with new cars it's suggested you take out GAP insurance as payment from an insurance company will be less than what you might owe on the car However, new cars are quite another story and this one is about older cars. You cannot get something for nothing - if you feel you vehicle is worth more than the FMV than it needs to be insured for such.

boneheaddoctor · #13 10-26-2004, 12:00 PM

Quote:

Originally Posted by JimmyL

DaBoneheadDoctor,
I'm certainly not arguing with you on the 'right-ness' of what you are saying. It just simply "doesn't work that way". If I choose to put 10K in my '80 300TD (which it might take to make this piece of junk run), receipts or not I'm not gonna see a third of that. Some are worth more that others, but not by a huge dollar amount.
Again, I respect your sentiment, there is just no respect associated with the insurance industry.
JL

I didn't say they would be happy to pay it.

I said they would be required to pay it with that much in recent reciepts.

Have been through that before. Got tired are them trying to slip me the stiff one and told them this is what it is, here is reciepts to back me, pay it or pay it along with legal fees when I see you in court.

I got paid.

Sweat equity and undocumented expenses, those you are screwed on. Documented recent reciepts................now those you can get.

dieseldiehard · #14 10-26-2004, 12:17 PM

First off, I am very happy to hear you carried this further and discovered that man actually had insurance. What a slimeball!
JimmyL has a good point there. But keep in mind that regional differences in selling prices make some small difference. Case in point, I had to deal with Geico after my wife's car got keyed, both sides, all fenders and four doors after some SOB took a mislike to either her driving habits or the George Bush bumper sticker on it

I showed Geico a detailed record of all the expenses involved with the car since we bought it in 1990 and pointed out that it was in excellent condition.

They wanted to weasel out on a proper paint job (their recommended body shop wanted to mask and spray and estimated $1200) Geico said a high mileage '83 was worth tops $2100 using some guide book. Maybe they used the wholesale price a dealer would pay I don't know but it was ludicrous. Fact is I got them to throw out the book.

I worked at convincing the adjuster that cars in condition similar to mine were selling at way more than that in my area (I showed them local ads for similar cars) and showed estimates from two other body shops, done the proper way one of which was $2500 at a "quality" shop (remove all trim and door handles, paint entire fender and doors, remount trim etc.) I insisted the car deserved this because of its excellent condition. They accepted my argument and authorized the work.
You have to work with your ins company, don't give in. Show them replacement value by what similar cars are selling for on eBay, craigs list etc.

But if they low ball you you may be able to sue the driver for the difference. But collecting from the man might be impossible, thats a whole different problem.
Remember, he hit you - its his fault completely.

dlssmith · #15 10-26-2004, 03:21 PM

You have another alternative, and that is to file a claim under your own collision insurance, and they can subrogate against the other insurer. This can be done without penalty to you, if the subrogation is successful, but you'll want to keep after your ins co to make sure they clean up your record later. If you have liability only, then you have to go to the other company directly.

In addition, be very careful about signing a release. The earlier note mentioning soft tissue damage is correct, in that problems can pop up later, much later.

If you are going to deal directly with the Geico adjuster, then just put all of those receipts together, make copies, and let him know that you won't sign a release until all the money has changed hands, and you've got a good bill of health. But, that you need the money for the car asap. There is also the concept of diminished value when adjusting auto damage. If your car can be fixed, but won't recover it's full pre-accident value, then they need to pay you for that too. Most states have some precedent in common law about this.

If you are feeling uneasy with the way Geico is handling this, then get your personal attorney to write a friendly letter, (give it directly to the adjuster) it won't cost you very much. That will move the claim up the chain at Geico more rapidly.

DS
87 300D