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.