Support Group Summons: The Murder of the Greatest Car Ever - Page 2 - PeachParts Mercedes-Benz Forum

daw_two · #16 02-09-2010, 09:47 PM

I'm glad you were driving your old Mercedes.

dmorrison · #17 02-09-2010, 10:20 PM

Where are you located. I may be interested in the engine. My wagon is looking for a new engine.

Dave

dadette123 · #18 02-09-2010, 10:25 PM

Dave,

Don't you need a wagon engine?

cmbdiesel · #19 02-10-2010, 12:02 AM

Thank god you were in the Greatest Car Ever, or you would likely have not been able to share your story. Your wonderful automobile protected you with it's life, as it was designed to do. Definitely get comparable sales, use NADA, have the word of licensed mechanics all on your side when determining the "actual cash value" of your "Vintage" "Classic" automobile. Then try to buy it back for cheap, find a forum member who needs the big parts and send her to be parted....among friends.

JimmyL · #20 02-10-2010, 12:58 AM

Quote:

Originally Posted by dadette123

Dave,

Don't you need a wagon engine?

Yea, but I bet he's so ready to get the wagon back on the road that maybe a head swap is in his future......

Darthgrader · #21 02-10-2010, 09:03 AM

Thanks so much, guys, for all of your kind words and support. I really appreciate it. Dropnosky, Blackestate, Buffa98, and Bbboomer, I'm sorry for your losses as well.

You are all right, of course. The important thing is that the car saved my life. The fact that just now I am in danger of being royally screwed on the settlement is distracting me from this. I'm worried about replacing the car I've lost with one that behaves well and looks great like mine did. So, I guess I'm in fight mode, out for blood, and not in touch yet with the fact that I am lucky to be all in one piece. Today is one week since the accident. I'll get there.

I did not sit in my car and sob yesterday. That's progress. Instead, I spent eight hours putting together a written response to Farmers' bogus settlement offer, including comps, as many here suggested.

According to the California Department of Insurance, the settlement must reflect the value of a comparable vehicle of like kind and quality. I am fairly certain this is the case for most states. One of the vehicles they put on their list for determining valuation of my car was an $1800 SD. (I would love to see the mileage and condition of that "comparable" car.) They were careful not to include the 300CD or TD models in their list of comparables, even though these cars are more similar to mine than the SD. The CD and TD are getting more much money here right now and are far more rare. They went out of their way to make my car look like it had no value. It was so obvious. (I like the SD, but there are lots and lots of inexpensive, badly treated ones on the market here right now.)

They are going by California DMV sales records, not Nada or Kelly values. So all they have to do is pick five of the lowest prices sales, average them out, and there's your settlement. (As if those cars are all in excellent condition. . . ) We'll see about that!

So I faxed in a thorough document explaining why their valuation was flawed and reminding them what the law says. I also did my own little valuation. I found six local 300D type cars for sale, all in the same excellent condition as mine, some with a bit less mileage, averaged them out, and came back with my own valuation. Two can play at that game.

The conduct of the insurance company here is making a bad situation so much worse. I know that it's the "normal" way they do business, trying to lowball and get away with paying next to nothing, but man, it sure does add a lot more stress to the equation.

I'll keep you posted. The document I compiled might be helpful to others who are fighting with unfair insurance valuation. Plug in your own insurance company name and car model and fire away! PM me if it might be helpful.

Thanks again. You guys really get it.

cmbdiesel · #22 02-10-2010, 09:08 AM

Don't hesitate to call the CA insurance commissioner and the Attorney General. Begin reporting the bad faith efforts of the insurance company now, and it can help force a better settlement

barry123400 · #23 02-10-2010, 10:04 AM

Your situation for a proper financial settlement is better than some. Other driver was at fault. Here small claims court is good to 50k now. Sue the driver if it comes to it. His insurance company will not want to risk the court ordered amount. So should just pay to get clear of the issue once it's possibility is raised.

All I would tell the insurance company is their offer is completly unacceptable and do I have to really sue the other driver personally to get a fair value for what he has destroyed? At this point you sure are not offering it.

Also if you do not have a rental car demand one as long as you are certain the other party is totally at fault. With no pressure these insurance companies can play around for quite awhile. You are the damaged party. In life I find I dislike few.

Insurance companies on the otherhand are in a special catagory to me. I have watched them attempt so many negative things with people over time.

buffa98 · #24 02-10-2010, 11:27 AM

[QUOTE=barry123400;2402549]Your situation for a proper financial settlement is better than some. Other driver was at fault. Here small claims court is good to 50k now. Sue the driver if it comes to it. His insurance company will not want to risk the court ordered amount. So should just pay to get clear of the issue once it's possibility is raised.

All I would tell the insurance company is their offer is completly unacceptable and do I have to really sue the other driver personally to get a fair value for what he has destroyed? At this point you sure are not offering it.

Also if you do not have a rental car demand one as long as you are certain the other party is totally at fault. With no pressure these insurance companies can play around for quite awhile. You are the damaged party. In life I find I dislike few.

QUOTE]
Be firm and ask to speak directly to the manager of the total loss dept. Be coy if you have to

IE have a friend call and ask about "well I know that when you total a car you sell them if you can and i am interested in buying from you" etc etc. Once you speak to the manager ONLY speak to him or her. I found it a little easier only having to deal with one person instead of who ever answered the phone. Be firm and remind them THEIR INSURED was 100% at fault and you will not accept a low offer. Any payment slips, pictures will help. It took state farm 4 times to come up to what i felt my car was worth. Dont give up with out a fight.

MBZ123 · #25 02-11-2010, 04:08 AM

Quote:

Originally Posted by Darthgrader

You are all right, of course. The important thing is that the car saved my life. The fact that just now I am in danger of being royally screwed on the settlement is distracting me from this. I'm worried about replacing the car I've lost with one that behaves well and looks great like mine did. So, I guess I'm in fight mode, out for blood, and not in touch yet with the fact that I am lucky to be all in one piece. Today is one week since the accident. I'll get there.

I did not sit in my car and sob yesterday. That's progress. Instead, I spent eight hours putting together a written response to Farmers' bogus settlement offer, including comps, as many here suggested.

According to the California Department of Insurance, the settlement must reflect the value of a comparable vehicle of like kind and quality. I am fairly certain this is the case for most states. One of the vehicles they put on their list for determining valuation of my car was an $1800 SD. (I would love to see the mileage and condition of that "comparable" car.) They were careful not to include the 300CD or TD models in their list of comparables, even though these cars are more similar to mine than the SD. The CD and TD are getting more much money here right now and are far more rare. They went out of their way to make my car look like it had no value. It was so obvious. (I like the SD, but there are lots and lots of inexpensive, badly treated ones on the market here right now.)

They are going by California DMV sales records, not Nada or Kelly values. So all they have to do is pick five of the lowest prices sales, average them out, and there's your settlement. (As if those cars are all in excellent condition. . . ) We'll see about that!

So I faxed in a thorough document explaining why their valuation was flawed and reminding them what the law says. I also did my own little valuation. I found six local 300D type cars for sale, all in the same excellent condition as mine, some with a bit less mileage, averaged them out, and came back with my own valuation. Two can play at that game.

The conduct of the insurance company here is making a bad situation so much worse. I know that it's the "normal" way they do business, trying to lowball and get away with paying next to nothing, but man, it sure does add a lot more stress to the equation.

I'll keep you posted. The document I compiled might be helpful to others who are fighting with unfair insurance valuation. Plug in your own insurance company name and car model and fire away! PM me if it might be helpful.

Thanks again. You guys really get it.

Agree completely. The suggestions here have been good and plenty. Won't be too long before we see these types of rackets, err, commerce go the way of the dodo, just like healthcares are poised to right now. Hope it happens before I check out, though. Been in too many accidents with three totals and unsatisfied on all outcomes. Hang in there, keep fighting the good fight, we're all rooting for you. Also, word of mouth will get around and before long, someone will be asking for the usable bits of the car if you choose not to keep them. Why don't you have a strip party? Seen it posted here and elsewhere before. Parts won't take up as much room boxed up and in the rafters. Just a thought.

FNHB

whunter · #26 02-11-2010, 09:52 AM

Quote:

Originally Posted by Darthgrader

Hey guys,

Last Wednesday night, my beloved anthracite gray on black 1985 Mercedes Turbo diesel sedan with 180K miles was totaled. She was in cherry condition, and she saved my life. I was t-boned on the driver's side by a guy doing forty miles an hour through a red light. I walked away. If I had been driving my husband's 95 Corolla, I doubt I'd be here to tell the tale.

I suggest you begin searching for another good used W123.

E-Bay: Alert Thread
E-Bay: Alert Thread

Craigslist alert thread:
Craigslist alert thread:

Glad to hear that you are OK..

Junkman · #27 02-11-2010, 12:42 PM

Liability claims are far larger than are collision claims. At some point, the adjuster will want your claim off his desk. Research, be firm but nice. Firm gets you out of being walked on. Nice gets you any discretionary dollars that are available. I've seen carriers pay upwards of 10K that they didn't owe to avoid going to court. The term "dealing in good faith" is also understood.

JB3 · #28 02-11-2010, 12:52 PM

I forgot to mention that too! Insurance gave me a 150 dollar check for 'rental reimbursement' and with no warning gave me another 150 dollar check for 'medical expenses'.

My car was not in great condition, so I just took what I could get, but the medical expenses thing was interesting-

I had two passengers in the car, one, the girl in the back seat was pretty badly concussed, and the guy in the passenger seat had mild neck trauma since he was twisted around looking at traffic when the truck hit.

Of all three of us, I was the only one with absolutely no harm done, but they sent me a check for 150 dollars and claimed it was a blanket coverage for all three of us! It was one of these "if you cash this, you agree to this" deals, which im pretty sure is totally illegal.

They actually had three separate cases to look into, and fortunately my passengers had taken the insurance information as well at the accident, and after some extended BS from the insurance co, medical expenses were paid out to them.

It was quagmire of runaround phone calls and nonsense.

4x4_Welder · #29 02-24-2010, 05:13 PM

Insurance companies do that, and it's legal.

JHZR2 · #30 02-24-2010, 05:31 PM

Ouch... Look back at my posts from roughly 2004, and youll see I went through the same thing. Good luck with the insurance, that is the worst. First thing - get the NADA classic car pricing guide - this is more relevant to cherry w123s. Then start printing out any ebay sales with cars like yours, to do "comps". Youll likely need to get an appraiser's value, perhaps an expert like your mechanic to testify. To get any real value, expect to go to court - start by taking the guilty party to small claims. This will force the insurance comnpany to start assigning legal manpower to the situation to protect their insured. They will try to bleed you, so get smart on how to fill out the legal forms and use the system.

And be prepared to be disgusted at how the "lawyers' monopoly" screws the public and makes it impossible for someone not in the club to actually use the legal system...

Good luck!