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Darthgrader 02-09-2010 04:37 PM

Support Group Summons: The Murder of the Greatest Car Ever
 
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 had an auto body guy I trust come by and evaluate the damage this morning. He said the frame is significantly damaged--yes, perhaps it could be unbent, but that the car would not be nearly as structurally sound as it once was, and definitely not as safe. My trusted long-time mechanic concurs. I made an agreement with my husband that I would take this guy's word as the final verdict. (My husband knew that it was a total the minute he saw it, but I was having none of it. )

My sense of loss and emotional attachment are embarrassingly huge. I know it's just a car, and I know I should be grateful to be okay. I am, but I hurt big time over the loss of this grand automobile. It was the best car I ever had by a long shot. Despite the fact that I'm in my 40s, this was the only car I ever picked out myself and loved, rather than just bought out of desperation or lack of funds. My husband bought her for me a couple of months after we got married. I appreciated it and loved it every single day of the seven years I had it. We're both teachers, and I never dreamed I'd have such a singularly beautiful car.

Thanks to this forum, I learned how to clay bar and wax with a buffer. I installed my own stereo and did other small things like bulbs and fuses. I was preparing to pull the dash and redo the vacuum and lights. You guys all showed me how and gave me the confidence to do it. Mostly, I just lurked and got all the advice I needed. Your help to complete strangers means something, and I really appreciate it.

My mechanic said my car was the cleanest example of a W123 that he has ever seen, and he works almost exclusively on older Mercedes. Broadway German Auto Service in Long Beach, CA--could not ask for a more stand-up place.

Needless to say I'm in a battle royale with my insurance company over the value of the car. . . Actual cash value my ass!

So . . . I'm not writing about trying to get it fixed. I guess I just needed to commiserate with people who actually get how special these cars are in good condition.

I do wonder if I should let them take it away though. I wonder if someone else could use the car's parts. It's got a newly installed AC system, four new tires with the rubber hairs still on 'em, a solid, well-kept original engine with 180K on it, and all the rest of the stuff--all functioning perfectly well, including a new regulator arm.I put a lot of money into keeping her in fine fettle.

I can't part it out. It would kill me, and I don't have the garage space for it as we live in a condo. If I had endless cash and/or serious expertise, I'd buy a junker W123 and combine them!

What would you guys do? This is not about the money--though my insurance company is going to give me a bit less if I don't surrender the car. The idea of having the car's awesome innards live on in some form for someone else is appealing as hell. It seems like a sad waste to have it just sit somewhere and rust out. And the idea of her sitting in a pick-a-part place doesn't sit well. So few people seem to really get the sheer awesomeness of this particular model of Mercedes. (God knows Farmer's Insurance has no clue.)

A real effing heartbreaker, folks! I know it's silly, but I feel like a treasured friend has kicked the bucket. Sorry for being so long winded and thanks for listening.

rrgrassi 02-09-2010 04:44 PM

Sorry about your loss.

Did you ever have the car appraised? That would be the fair cash value.

Luckily you can tell the tale. There are still lots of good, clean examples of the w123 still out there.

Aquaticedge 02-09-2010 04:54 PM

I'm sorry to hear of your loss of your car, It's not silly that you've gotten attached to it, it's served you faithfully for as long as you've had it and it wasn't your decision to take it from you And it had saved your life... As for what to do, Work with the insurance co. and try to get what the car was worth, if you customized it and have the receipts take them in, Do some research online with Autotrader, Ebay Carfinder etc to see what the cars generally go for.. It wont replace the one you had but it saved your life, I hope this helps you some

tbomachines 02-09-2010 05:14 PM

http://www.nadaguides.com/default.aspx?LI=1-22-1-5013-0-0-0&l=1&w=22&p=1&f=5014&y=1985&m=1115&d=4224&c=12&vi=76750&da=-1

This should help you out. NADA prices are unbelievably inflated...not good when you're trying to buy a car off somebody but the insurance companies really take the "book values" to heart.

Codifex Maximus 02-09-2010 05:32 PM

Well, what about renting a storage facility for a short while, finding a rust free example of the same car and saving the best parts of your friend? Sounds like you've got some talent as far as these cars go.

That way, much of the spirit of your car would live on in the replacement.

After you've got your parts for the new car, go ahead and sell the old car to a forum member to get it good and stripped of useful parts then what remains can be melted down to possibly form the heart of a new Mercedes.:rolleyes:

punkinfair 02-09-2010 06:02 PM

Quote:

Originally Posted by Darthgrader (Post 2402038)
I can't part it out. It would kill me, and I don't have the garage space for it as we live in a condo.

if it has worthy parts, it will live on in other cars, somehow.

sorry to hear about the car getting totalled.

dadette123 02-09-2010 06:05 PM

Quote:

Originally Posted by Darthgrader (Post 2402038)
Last Wednesday night, my beloved anthracite gray on black 1985 Mercedes Turbo diesel sedan with 180K miles was totaled.

Another black interior W123 totaled?!!! What's going on?:eek:

I am profoundly sorry for your loss but, equally as glad you are okay. I certainly understand your connection with the car and hope you find a way to salvage as much as you can so it can live again. S Cal is a mecca for well-kept rides so maybe you can find one that needs an engine/interior transplant.

At the very least, find a way to save the black interior. I am admittedly biased on this matter. I once saw a wrecked gray '85 300DT on a salvage yard website (in another state), bought it and the parts to fix the wrecked front end, had a local body shop effect the repairs and, then, had the car shipped to me JUST because it had a black interior. Nuts, I know but, as you said, you get very passionate about these cars.

Good luck

strelnik 02-09-2010 06:58 PM

Quote:

Originally Posted by tbomachines (Post 2402061)
http://www.nadaguides.com/default.aspx?LI=1-22-1-5013-0-0-0&l=1&w=22&p=1&f=5014&y=1985&m=1115&d=4224&c=12&vi=76750&da=-1

This should help you out. NADA prices are unbelievably inflated...not good when you're trying to buy a car off somebody but the insurance companies really take the "book values" to heart.

Agreed. If the ins companies can use them to their advantage, why can't you?

In the meantime, buy ten cases of really good beer, and give them to the local Hell's Angels. Then tell them (pointing): " That's the guy who wrecked my car and said you guys were all sissies." :D:D

JB3 02-09-2010 07:30 PM

I had the exact same thing happen to my 82 a couple years ago. Rear ended by a dodge ram at a stop sign, car was totaled out, but the same loss, I had new tires, lots of great parts, and had sunk a decent amount of money into her JUST before the accident. It was going to be painted the next week.

I wanted to strangle the guy with my bare hands, cell phone was the cause.

In my case I decided to keep the car minus a couple hundred on the pay out by insurance. I think it was 300 bucks less, and I was paid by insurance 2500 or 2800 dollars. then sold it a couple months later for 500 bucks to a guy who had one with a blown engine.
He was really happy and excited, and I felt a lot better than if I had sent it off to a yard. That was really curative, the idea that someone else would be able to use parts off of it. I suggest you do that, especially with all the enthusiasts out there. I used the insurance money to buy another one which turned out to be my favorite one so far.

POS 02-09-2010 08:00 PM

Comps, comps, comps. Get as many good ones as you can and from different sources - "completed" auctions on ebay, autotrader ads, Craigslist ads. Then start working with your insurance company to come up with a fair, hopefully relatively high value. After that's done, then ask about the cost to buy it back.

Sorry to hear you lost your baby, but it did exactly what it was designed to do - save you from an accident. Congrats on making a very wise auto purchase.

blackestate 02-09-2010 08:07 PM

Sorry to hear about it. I have lost 2 in the last year. So hang in there!

barry123400 02-09-2010 08:23 PM

Do not forget your mechanics opinion might have some merit in the price negotiations. His opinion of value would have some weight. Talk to him first before mentioning it to the adjuster.

Far better to lose a car than to have to deal with some injury. Especially the ones that never really get much better. Money never really compensates for them in my opinion.. It usually can for a car.

ah-kay 02-09-2010 08:37 PM

Glad you came out OK. It is better to total the car than the driver. Anything that can be resolved by money is not a problem, not so if one is injured or totaled. I think a member here total his 300SDL recently and he got a settlement from his ins co. after he presented them with comps.

Safety is one of the reasons my daughter is now driving a 83 300D in NoCal. It has 330K miles and I have complete faith in the car, driverabilities and safety-wise.

Good luck.

buffa98 02-09-2010 08:57 PM

Quote:

Originally Posted by ah-kay (Post 2402194)
Glad you came out OK. It is better to total the car than the driver. Anything that can be resolved by money is not a problem, not so if one is injured or totaled. I think a member here total his 300SDL recently and he got a settlement from his ins co. after he presented them with comps.

Safety is one of the reasons my daughter is now driving a 83 300D in NoCal. It has 330K miles and I have complete faith in the car, driverabilities and safety-wise.

Good luck.

Taht member was me. A guy backed into me in a parking lot=total loss. At first the ins came up with $2048. Was nice:rolleyes: and told them to call me when they were serious. Flooded their in box with values comps etc. Found a pristeen:D:D:D 86 300SDL for over $12k and sent that in as well we finally reached an agreement after some heated bickering. Check with an lawyer because here in PA the ins companies are required to replace with equal or GREATER value vehicle.
Good Luck with this. I am still waiting for my check.
PS. I got to keep mine for $300

bbboomer 02-09-2010 08:58 PM

I feel your pain. Glad you were not hurt and sorry for the loss of your car.
My 300SD (old girl) was recently in an accident. My wife was driving and though a little sore and stiff I think she will be fine.
Unfortunately that is not true for old girl. She took the insult but I fear it will be her last hurrah.
She was hit in the rear during an ice event. My wife was able to get old girl straightened out and stopped but the pick up behind her wasn't.
Old girl suffered fairly significant damage and the good old ins company will probably want to total her.
I will contest that but they don't usually play fair so we'll see how it goes.
Old girl was a particularly nice example with no rust and everything worked as it was supposed to. I will look long and hard to find another but it won't be easy or the same.

daw_two 02-09-2010 09:47 PM

I'm glad you were driving your old Mercedes.

dmorrison 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 02-09-2010 10:25 PM

Dave,

Don't you need a wagon engine?

cmbdiesel 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 02-10-2010 12:58 AM

Quote:

Originally Posted by dadette123 (Post 2402292)
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 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 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 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 02-10-2010 11:27 AM

FOLLOW THESE DIRECTIONS!!!
 
[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:rolleyes: 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 02-11-2010 04:08 AM

I'm not a hoarder, just got a little W123 addiction
 
Quote:

Originally Posted by Darthgrader (Post 2402508)
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 02-11-2010 09:52 AM

Answer
 
Quote:

Originally Posted by Darthgrader (Post 2402038)
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
http://www.peachparts.com/shopforum/diesel-discussion/110194-e-bay-alert-thread.html

Craigslist alert thread:
http://www.peachparts.com/shopforum/diesel-discussion/153455-craigslist-alert-thread.html



Glad to hear that you are OK..

Junkman 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 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 02-24-2010 05:13 PM

Insurance companies do that, and it's legal.

JHZR2 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!

BenzDiesel 02-24-2010 06:49 PM

My SD was totaled over a year ago.
 
The car saved my life and my decisions saved the lives of the teenagers texting on the phone causing the driver to lose control and stall SIDEWAYS on the Interstate where the speed limit was 70 mph at night.

The insurance company offered me $1,500.00 for my car, which made me mad for the insurance company to value my life at $375.00 when you consider their offer of $1,500.00 divided by four; my life, two passengers lives in the other car that I hit nearly head on in her gas tank area and hit 2 feet from driving directly into the driver and $375.00 for my car for a total of $1,500.00 .

It insulted me greatly to say the least. Anyway, I went to find the LAW that insurance companies operate under in the State of Alabama. LO and BEHOLD the car insurance law is found in the DEPARTMENT OF REVENUE. It was unbelievable. Drivers are required to carry a minimum of approximately $25,000.00 liability insurance to drive ANY car including beaters. But when an accident occurs, the insurance company can total the car if the value of damage is 75% of the "RETAIL" value of a similar car. UNBELIVABLE! I had gotten estimates from Mercedes Benz on what it would cost to repair my car and the cost exceeded $41,000.00 with $1,500.00 just for the HOOD, unpainted. The insurance lobbies have the law written in Alabama where the actual costs to repair your car is NOT in the equation. A quote from a KBB or NADA or some other entity SELLING cars is what is used to establish the value of the car. I was furious. If you use NADA to determine value then NADA should be used to determining how much liability coverage a driver needs to buy from an insurance company. Most cars on the road, I would guess 63% are not even valued at $25,000.00, the minimum liability a driver needs. In other words, the insurance company sells $100,000.00 policies, BUT expect to value my car that WAS NOT FOR SALE on the night it was totaled based on what somebody else's car SOLD for, which had nothing to do with my wreck and property damage and especially had nothing to do with what I valued my Mercedes Benz car for: its safety record and for the fact that some can go one million miles or more.

Anyway, I told the insurance company I would talk to them NEXT YEAR (a whole year later) about the wreck that their driver caused, since they COULDN'T be serious in their offer to me. I even told them that my car cost almost $40,000.00 in 1980's dollars. They increased their offer each time I spoke to them, but their offer wouldn't even fix MY ENGINE that their driver destroyed. Plus, the TOW YARD made more money on the deal than they offered to pay me and all the TOW YARD did was let the car sit on their lot at $15.00 per day after charging $150.00 to tow my car 6 miles or less.

Anyway, I told the insurance company they could keep their ridiculous offer if that was the best they could do. If I was driving a $15,000.00 late model Chevy; I would be dead about now or at least had a good chance to be dead after the crash. I thought the insurance folks were stupid or something to even offer me such an insulting offer, when selling $25,000.00 minimum policies in Alabama, which I told the insurance company I wanted the whole $25,000.00 for my car (the minimum liability coverage their driver purchased), since their driver had coverage of a minimum of $25,000.00 and the girl's mother said they had $100,000.00 coverage. Suppose the same applied to buying LAND? Ridiculous!

I will be working on my State representatives and ask them how can they sell out the PEOPLE to companies in this manner. Hopefully when I call them to ask for their next offer; they will pay me in accordance to what insurance coverage is in existence or based on what it COST to repair my car and NOT based on what somebody else sold their car for who may have sold their car just to buy some crack as far as I know for why they sold their Mercedes so CHEAPLY, which I thought the insurance people handling my case must have been smoking crack what with the low offer they offered me, when I was driving a car that saved my life as well as saved their passengers lives.

I also noted in the law that insurance companies have to pay for OTHER costs like rental car fees, tow yard fees, medical fees and other associated fees. I was so frustrated that I stopped reading the law and will have to go back and re-read everything just in case I have to explain the scenario to a lawyer if the insurance company can't do better toward making me whole, when I could have been dead if it weren't for me driving that $40,000.00 when bought new Mercedes Benz car.

BenzDiesel

Codifex Maximus 02-24-2010 10:07 PM

I think the law should read: replacement of car with one of equal or greater value based on condition of car at time of accident OR rebuild car to original specifications and pay fee to owner for markdown due to accident OR cash settlement based on comp price of vehicle - whichever is higher or preferred by owner.

JHZR2 02-25-2010 07:49 AM

That might mean that insurance rates will go up, and marginal folks, who cannot afford to protect themselves properly (and thus defer losses onto others) may not be able to drive.

Cry me a river... but likely there would be all sorts of outcry.

Being one of the folks screwed by insurance companies, Im all for your plan.

Since66 02-25-2010 08:37 AM

Cliff notes version of accident in which my 300E was totalled:

1) Other driver totally at fault, per her insurance company, State Farm.
2) My car before accident: 1986 300E, 190K, very nice
3) My car after accident: (Thanks to State Farm) 2000 E320, 69K
4) No out of pocket expense to me.

http://www.peachparts.com/shopforum/off-topic-discussion/270365-happy-ending.html

Darthgrader, I hope you have a similar good outcome.

[EDIT:] I just reread the original post. Darthgrader: Other driver was at fault. Shouldn't you be dealing with the other driver's insurance company, given the circumstances of the accident?

Darthgrader 03-29-2010 08:50 PM

Thought I'd tell you all how it came out.

I got $7350 for the car from my insurance company. The appraiser was really impressed with my car, at least from the passenger's side!

My insurance paid because the other driver had a lying witness who came flying out of a nearby restaurant to say my light was red, while my two witnesses, who were actually standing at the corner waiting to cross at the time, said just the opposite. (There may have been a racial component there, sadly.) Conflicting witnesses means the police would not assign fault, but I know my light was green.

How I did I get this result? Comps did nothing. I fought with Farmers for six weeks, flooded them with local sales figures; they would not budge. They pulled out every nasty trick they could think of, including calling a local Mercedes dealer who does not sell older cars to establish value. (Wholesale value, doubtless.) It was very unpleasant. I filed a complaint with the Dept. of Insurance, sent letters to supervisors, did everything I could. Nothing worked.

I finally used my appraisal clause. This cost me $400 extra, but given that I was originally going to get $3,700, it was worth it, big time. I can't find any super clean 300Ds around here for anything like $4K. Lots that need plenty of work, but nothing really nice.

I hope I'm never in this position again, but if I am, I'm going to straight to appraisal. It would have saved me tons of grief.

I can't wait to find my new old 300D. It is so hard not be impatient! I am even dreaming about it. I am neglecting my work so that I can search for cars. (Of course, when I had my car I was neglecting my work lurking around here!)

I thank all the people who helped me get through this and gave me encouragement and tips. People here have spent time on the phone with me, freely giving time to help a stranger. People have been patient with my moaning about losing the car in every other post.

I don't know what I'd do without you guys. You made a horrible situation much, much better.

vwkess 03-29-2010 09:24 PM

Quote:

Originally Posted by Darthgrader (Post 2437352)
I finally used my appraisal clause. This cost me $400 extra, but given that I was originally going to get $3,700, it was worth it, big time. I can't find any super clean 300Ds around here for anything like $4K. Lots that need plenty of work, but nothing really nice.

Appraisal clause? Can you explain how this works?

barry123400 03-30-2010 12:50 AM

Possibly the same as here. The insurer uses an appraiser or adjuster. You are also allowed to get one of your own at your expense to determine value.

The best option usually is to launch suit in small claims court against the actual guilty party. This will usually get the insurance company moving as they do not want a situation directly out of their control. They are conrol freaks by nature. Small claims court is cheap and has a current limit here of 50K.

Darthgrader 03-30-2010 01:10 AM

That's mostly correct. I don't know if every comprehensive policy has such a clause, but I think most do.

The way it works is, if either party calls for appraisal, the other must participate. It can be instigated by either the insurance company or the insured at any time. Each party, at their own expense, hires its own "independent" appraiser.

So each appraiser independently arrives at his/her own value, and the two meet, battle it out, and agree on a value. This appraised value is absolutely legally binding for both parties--no recourse whatsoever.

In some cases, a third party referee has to come in if the two appraisers cannot agree, but this is unlikely except for big money cars.

In my case, I hired a real appraiser, meaning someone who actually comes and sees the car, takes pictures, etc. Fortunately there was enough left of my car to get a clear idea of the condition prior to the accident. One can get cheap online appraisals, but these are nothing more than market valuations, really. (Of course, the insurance company didn't pay for a proper appraisal, and this probably worked in my favor!)

It's the only way to go with an older car.

Skid Row Joe 03-30-2010 01:35 AM

Quote:

Originally Posted by Darthgrader (Post 2437352)
Thought I'd tell you all how it came out.

I got $7350 for the car from my insurance company. The appraiser was really impressed with my car, at least from the passenger's side!

My insurance paid because the other driver had a lying witness who came flying out of a nearby restaurant to say my light was red, while my two witnesses, who were actually standing at the corner waiting to cross at the time, said just the opposite. (There may have been a racial component there, sadly.) Conflicting witnesses means the police would not assign fault, but I know my light was green.

How I did I get this result? Comps did nothing. I fought with Farmers for six weeks, flooded them with local sales figures; they would not budge. They pulled out every nasty trick they could think of, including calling a local Mercedes dealer who does not sell older cars to establish value. (Wholesale value, doubtless.) It was very unpleasant. I filed a complaint with the Dept. of Insurance, sent letters to supervisors, did everything I could. Nothing worked.

I finally used my appraisal clause. This cost me $400 extra, but given that I was originally going to get $3,700, it was worth it, big time. I can't find any super clean 300Ds around here for anything like $4K. Lots that need plenty of work, but nothing really nice.

I hope I'm never in this position again, but if I am, I'm going to straight to appraisal. It would have saved me tons of grief.

I can't wait to find my new old 300D. It is so hard not be impatient! I am even dreaming about it. I am neglecting my work so that I can search for cars. (Of course, when I had my car I was neglecting my work lurking around here!)

I thank all the people who helped me get through this and gave me encouragement and tips. People here have spent time on the phone with me, freely giving time to help a stranger. People have been patient with my moaning about losing the car in every other post.

I don't know what I'd do without you guys. You made a horrible situation much, much better.

$7,350 is a large sum of money for a 25 year old 300D. If I read what you posted correctly. Sounds like you made out fine on the deal.

Darthgrader 03-30-2010 12:52 PM

Thanks, SkidRow Joe. I think it was fair, and I would not have gotten there without help from these boards.

Would I have been able to sell my car for $7K right now in So. Cal. -- probably not. $6K range, almost assuredly. It was in beautiful shape: second owner, full service records, 180K documented miles, totally stock, etc. (Though the appraiser did ding me a little for my filthy undercarriage and engine compartment. When I find another car, I'm going to have to get with you guys to learn to maintain these properly.)

The appraisal clause definitely benefits the insured, since they rely heavily on what current cars are selling for--not completed sales. And since the insurance considers these amounts "small change," they are unlikely to kick up a third-party fuss.

I just looked at a 82 300D at a small local dealer. He was asking $3,500. The car was an absolute mess. Took three times to start it up. It had cosmetic issues galore, too. He said the dash had a "small crack" by the AC vents. There were two cracks, in fact, positively cavernous. I don't think Leatherique would have cut it! Lots of bits were missing, too. It was clear the car was very poorly treated.

I am sure he'll sell it, but I don't have the chops or the garage for such a project. Too bad. It was really cute from 50 feet away--cream yellow on BLACK. It was the black interior that got me out the door to see the car.

Skid Row Joe 03-30-2010 01:04 PM

Quote:

Originally Posted by Darthgrader (Post 2437789)
Thanks, SkidRow Joe. I think it was fair, and I would not have gotten there without help from these boards.

Would I have been able to sell my car for $7K right now in So. Cal. -- probably not. $6K range, almost assuredly. It was in beautiful shape: second owner, full service records, 180K documented miles, totally stock, etc. (Though the appraiser did ding me a little for my filthy undercarriage and engine compartment. When I find another car, I'm going to have to get with you guys to learn to maintain these properly.)

The appraisal clause definitely benefits the insured, since they rely heavily on what current cars are selling for--not completed sales. And since the insurance considers these amounts "small change," they are unlikely to kick up a third-party fuss.

I just looked at a 82 300D at a small local dealer. He was asking $3,500. The car was an absolute mess. Took three times to start it up. It had cosmetic issues galore, too. He said the dash had a "small crack" by the AC vents. There were two cracks, in fact, positively cavernous. I don't think Leatherique would have cut it! Lots of bits were missing, too. It was clear the car was very poorly treated.

I am sure he'll sell it, but I don't have the chops or the garage for such a project. Too bad. It was really cute from 50 feet away--cream yellow on BLACK. It was the black interior that got me out the door to see the car.

I appreciated learning this informative thread.

Unless we are driving a POS, most of us are in that same insurance boat if our MB gets totalled. Even with a sizeable check in our hands, -where am I going to find a car like mine with like care and treatment? The answer is I'm not going to find a car like mine - one bought new, and garaged - with mileage on the low end like mine.

Good luck in your new replacement car search. You ought to be able to find a gem if you will hold out and patiently shop for what you deem acceptable. The only problem is that it may take you several weeks of time seeing the cars in person that come up for sale.

TnBob 03-30-2010 02:32 PM

You have several editions of craigslist to peruse

This might help a bit ... http://crazedlist.org/

And dont forget the recycler !

Side street weekend cruising has been known to work too.

barry123400 03-30-2010 05:07 PM

Post on our cars for sale portion of this site. Be quite specific what you are looking for. Costs nothing and might flush something good out.

Another place worth pursuing might be contact with the mercedes benz club of america. Otherwise I can almost see an extensive time consuming hunt.

You have to seek out the good ones. They usually will not cross your path easily unless you are not looking for them.

My wife must have hunted long and hard before coming up with me.:rolleyes: Well she probably did not know any better and figured I was a fixer upper that she could restore. .:D Work in progress still I guess .

SirNik84 03-30-2010 05:56 PM

SoCal is normally hog heaven for clean Mercedes of this era. but don't for get about Northern California, I'm thinking the bay area. there are some nice cars up here. A friend of mine on a budget picked up an 85 300D for $1500, I know it would not compare to your old car, but I bet its nicer then the one you looked at at that dealership. I have another friend who is a Mercedes "jack of all trades" he will do everything from change your oil in your driveway for you to shop for cars for people. He really know his old Mercedes Diesels. He looked at a car for a customer at one of the local used car lots about a month ago, and they wanted $3,500 for it. he said it was maybe worth $800. It had been repainted and looked real nice on the lot, but opening the hood changed all that. Suppose what I'm saying is dealerships are going to screw you. and if you look you will find a gem, in any price range.

Another friend of mine lost his 300D in the same way you did... T-Boned. He was walking into the grocery store one night and an old couple pulled up in a car that was a dead ringer for his car, only in nicer shape and with extremely low miles. He walked up to the old gentleman and told him that he really liked his car. Seems the old man was at the store looking for a "for sale" sign for the car. my friend told him he would like to buy it, but his budget was tight. The old man must have really liked my friend, because he sold him the car for $1,500!!! and I can honestly say its at the very least its a $6,500 car.

Keep your chin up. they are out there!


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