Not at all. Cr from Texas' insurance pays for damages, then he also pays a traffic citation fine for; "Following Too Closely." He may or may not choose other options. The Texas law is perfectly clear on both counts.

Probably the way I'll have to go. The officer determined that the accident occurred totally in the traffic lane so the truck had established "lane control". There was no way I could have avoided this "accident" but there is not much point in fighting the law.

I've got some feelers out for parts prices but if I'm going to go this route, I'll give it a top notch paint job and end up spending over 6 grand. Then insure fully as a classic car with a declared value.

The other option is to make an inventory of all the parts (including some on the nonobtainable list like a brand new complete monovalve assembly and about 40 lbs of R12) that I have in storage. Maybe I can sell the wreck and all the parts for one lump sum and go car shopping. The engine should give someone a lot of good service as the oil and filter have been changed every 3k miles since new.

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Charles
1983 300D, bought new, 215k+ miles, donated to Purple Hearts veterans charity but I have parts for sale: http://www.peachparts.com/shopforum/mercedes-benz-cars-sale/296386-fs-1-owner-83-mb-300d-turbo-rebuild-parts.html

It's devastating emotionally to be involved in a car wreck, regardless of fault. I've been rammed twice by drivers following too closely over the years, both times in Texas - both times their insurance company paid for the repairs.

With only 215K on the body, based on your desire to "spending over 6 grand" on the car - your outline/route is feasible. Unless you are retired, I cannot argue with anything other than the time element spent on getting it back on the road. If you bought the car new, and it is the only Mercedes-Benz you own, I totally understand your attachment to it, especially being a diesel. I learned early on that I am much more productive and valuable incomewise spending my time working at my profession earning money - than I would ever be DIYing anything. The balance of where I spend my weekly downtime is totally up to me, as I am self-employed, and my earning hours are limited to; M-F 7:00 a.m. to 5 p.m. The other hours of the week are totally discretionary to leisure, hobby, and sleep time. My two rules of thumb now are simple: 1) Anything outside of spending time earning money, that I do not want to do as a hobby or leisure, gets hired-out. 2) Outside of hobbies, don't love anything or anybody that doesn't love you back.

I'd like to see project pictures as the car progresses in it's various stages.

I'm not retired but could anytime I want. I now take the summers off but I need to keep busy. DIY is not so much a money saver for me as it is a stress reliever and getting my mind off work. I've learned from my parents (dad's 90, mother's 93 - 70 years married) that keeping busy is a key to good health and happiness.

If I proceed with the restoration, I'll make a photo log and keep everyone posted on the most expensive 123. Considering purchase price in 1983, 28 years of repair, and a final restoration it will represent a big chunch of $.

If I sell out the 123 interest, I'll spend more time in the garden or building furniture (my other hobbies) and disappear from the forum.

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Charles
1983 300D, bought new, 215k+ miles, donated to Purple Hearts veterans charity but I have parts for sale: http://www.peachparts.com/shopforum/showthread.php?t=296386

May be worth finding a W123 with a solid body and swapping the good parts over. There are lots of them on CL for not a low of dough.

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With best regards

Al

Seems like Cr..'s liability ins. co. will decide to pay for the truck's damage or make the truck driver sue Cr.. and then defend the suit - or settle.

The traffic citation is another matter. There are traffic court lawyers that make thier living only defending traffic tickets. Generally, you pay the lawyer a fee equal to what the fine would be. If he (you) loses, he gets no fee. If he (you) wins, he keeps your money and you don't have a conviction on your record.

But even if you beat the ticket, your case for suing the truck driver for cutting in front of you - would be very weak.

IF you've got a Chassis that's so Dear to you (In Costs or Sentimental) that
you "Tuck It In" @ Night...
The ONLY protection is "Stated Value" insurance.
(You and The Insurer ,agree IN WRITING on the Value of the Mercedes.)
This throws the KBB and NADA out the door.
AND Eviscerates the "Adjuster" before he can even LOOK at your Mercedes.

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'84 300SD sold
124.128

Thats the way it is in Texas. but about the skin flint joe comments--

Avoid the noid!

I think you'll have some stiff competition from me! I'm sure I've got the most expensive w123 that has never left a drive way...

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1992 W201 190E 1.8 171,000 km - Daily driver
1981 W123 300D ~ 100,000 miles / 160,000 km - project car stripped to the bone
1965 Land Rover Series 2a Station Wagon CIS recovery therapy!
1961 Volvo PV544 Bare metal rat rod-ish thing

I'm here to chat about cars and to help others - I'm not here "to always be right" like an internet warrior



Don't leave that there - I'll take it to bits!

X2 that's what I'd do. Nice hobby car now that's what I recommend.

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1992 W201 190E 1.8 171,000 km - Daily driver
1981 W123 300D ~ 100,000 miles / 160,000 km - project car stripped to the bone
1965 Land Rover Series 2a Station Wagon CIS recovery therapy!
1961 Volvo PV544 Bare metal rat rod-ish thing

I'm here to chat about cars and to help others - I'm not here "to always be right" like an internet warrior



Don't leave that there - I'll take it to bits!

The traffic ticket lawyers are different in what they can do in certain areas of Texas
I If its a court of record--the lawyers hands are tied and he cannot win usually unless you have unlimited funds to appeal to the county level once the sh**T hole municipality has fleeced you--Thats regardless if there were blatent mistakes on the paperwork--or officers evidence or whatever. You can do anything that a lawyer would charge you to do in a court of record situation--which is bend over because You are screwed regardless.

I've never seen your car, so, depending on it's condition, only you can decide whether it is restorable, or if it becomes a parts donor car. You obviously have had to become somewhat attached to it in 28 years, since you are still driving it. I wouldn't be so hasty in ditching it, but I would not fool myself into thinking that it is an appreciating asset worth automatically dumping north of "$6,000.00" in it, either. The trouble with most MB diesel-heads is that we think with our old diesel's mpg, and not with our heads sometimes. I ask myself this; is it really necessary to replace my 12 year old '99 300 ETD I bought new, now with only 125K miles on it, just because I am tired of it? No. But, if I wrecked it to a high enough degree to ditch it, would I? Yes.

It sounds to me like you realize you have a multitude of options on-the-table, and are thinking them through.

The accident is still fresh in your mind - don't make any rash decisions one way or the other right now - is my best advice at this time.

The citation for; 'Following Too Closely' I would think may be nullified, in Texas it is known as (Deferred Adjudication) by your successful completion of a Texas State Approved, Defensive Driving course for $30.00.

That is what I did to negate a '10 mph over the limit' citation I received when nabbed at 51 mph in a 40 mph zone while speeding to the periodontist's office in Dallas a few years ago. The cost to pay the City of Dallas, was $125.00, and it did not go on my driving record.

In December 2010, I took the same course to keep my vehicle insurance premiums at their bare-bones level.

Google 'Defensive Driving in Texas' on the Internet - and you can find the nearest course offering to where you live.

Actually called "Failure to Maintain Assured Distance"

I should know, I lost my first wagon to a punk kid not watching what was going on. Still working on that injury settlement...

He actually had the gall to attempt taking the ticket to court. I got the summons to be a witness for the State.

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'85 300TD "Puff The Magic Wagon" - Rolling Resto
'19 Mazda CX-9 Signature - Wife's sled
'21 Morgan 3-Wheeler P101 Edition
'95 E300d - SOLD
'84 300TD "Brown Betty" - Miss this one
'81 240D "China Baby" - Farm grocery getter

Not an option as I have a CDL liscense. I should have dropped it to regular years ago since I no longer serve as the backup bus driver of class trips. I'll drop it at next renewal but too late for this citation.

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Charles
1983 300D, bought new, 215k+ miles, donated to Purple Hearts veterans charity but I have parts for sale: http://www.peachparts.com/shopforum/showthread.php?t=296386