I got in a crash with my 350SDL today - Page 5 - PeachParts Mercedes-Benz Forum

ROLLGUY · #61 03-05-2015, 11:27 AM

Quote:

Originally Posted by sixto

It will go a long way towards a civil suit if the other driver was cited. Is that something you can ask the attending PD?

Sixto
MB-less

I am not sure about that, it may even had happened, I won't know until I get a copy of the report.

ROLLGUY · #62 03-05-2015, 11:31 AM

Quote:

Originally Posted by renaissanceman

https://www.esurance.com/insurance-resources/car-insurance-follows-driver-myth

Their insurance should still pay out...you may have to hold their feet to the flames, though.

From the link:
"If you give any non-excluded driver (that is, someone you don't explicitly exclude on your policy) permission to take the wheel, your car insurance takes primary coverage status, which means that your car insurance would be primarily liable if something happens. The permitted driver's own insurance would serve as secondary coverage. So, for instance, if you loan your car to your best friend Drew and he causes an accident, you'll have to file a claim with your insurer, pay the deductible, and possibly expect a rate increase."

From what I understand, the driver was excluded.

ROLLGUY · #63 03-05-2015, 11:33 AM

Quote:

Originally Posted by funola

Sorry to hear of your accident. Do you normally use both feet to stop? If not, why so in this particular instance?

I don't normally use both feet, it was just a reaction.

Rogviler · #64 03-05-2015, 01:29 PM

Definitely feeling for you. I'm waiting on the police report to find out if the guy even had insurance, hopefully he was at least given a ticket.

Here's to hoping it'll turn out well for the both of us.

-Rog

renaissanceman · #65 03-05-2015, 04:28 PM

Quote:

Originally Posted by ROLLGUY

From what I understand, the driver was excluded.

That's a bummer. I'd verify that before going further, though. Get the police report and then have a chat with the other party's insurance.

sixto · #66 03-05-2015, 05:20 PM

Quote:

Originally Posted by ROLLGUY

From the link:
"If you give any non-excluded driver (that is, someone you don't explicitly exclude on your policy) permission to take the wheel, your car insurance takes primary coverage status, which means that your car insurance would be primarily liable if something happens. The permitted driver's own insurance would serve as secondary coverage. So, for instance, if you loan your car to your best friend Drew and he causes an accident, you'll have to file a claim with your insurer, pay the deductible, and possibly expect a rate increase."

From what I understand, the driver was excluded.

Sounds like you'll have to go after the excluded driver's insurance then the owner independently of his/her car insurance. Are there meaningful penalties for uninsured drivers in your state? What's the small claims limit in your state?

Sixto
MB-less

INSIDIOUS · #67 03-05-2015, 05:25 PM

Quote:

Originally Posted by BillGrissom

Sounds most likely that the vacuum booster wasn't doing its full part. I wonder if the brake rod could have been mis-adjusted so that the booster hit a stop and stopped contributing. Otherwise, you should have seen skid marks, using both feet. It the ABS was working, the skids should have had a broken pattern. Without the booster, it is hard to press hard enough to skid with disk brakes.

Studies have shown that ABS doesn't help much in the real world since many drivers are confused by the pulsing and lift up on the brake pedal. It does feel like something is mechanically broken when it does work. Best to try it in a wet parking lot or on a sandy road. I don't think the ABS could stop the brakes from working, since I think it is plumbed in parallel and just pulses the fluid.

If it prevents wheel lock up, it must be interfering with the process. The idea being having at least some traction for stopping is better than a skid.

Quote:

You shouldn't have to lose ownership of the car. My 1965 Newport was "totaled" twice in California. That just means the insurance decided that the repair cost exceeds the value, so they will pay the value if they take the car. To keep the car, simply negotiate a cost to deduct to keep it. In my case, it was ~$600 off, which was a good deal for them since the junkyard would have paid them $100. The title never changed. I think it only becomes a "salvage title" if sold to a junkyard and someone buys it from them, but your results may vary.

ROLLGUY · #68 03-05-2015, 06:03 PM

Quote:

Originally Posted by sixto

Sounds like you'll have to go after the excluded driver's insurance then the owner independently of his/her car insurance. Are there meaningful penalties for uninsured drivers in your state? What's the small claims limit in your state?

Sixto
MB-less

I am in CA just as you are. Not sure about the penalties, but I am going to ask for a citation to be written for being uninsured. That should help with any case that might arise should the other party not want to settle out of court (they have nothing in their favor).

mike-81-240d · #69 03-05-2015, 06:18 PM

Sorry to hear, hope your doing alright.

97 SL320 · #70 03-05-2015, 06:20 PM

Quote:

Originally Posted by mytmousemalibu

I think there is a lot to be said for this! Also a shameless plug to go get involved in autocross.

Yes, do this. Also, some race tracks hold street survival driving classes or autocross fun days. Autocross is a mini road race course set up in a large parking lot with cones showing where to go, cars run one at a time against the clock. Speeds are in the 60 ish max range but mostly in the 20 to 40 range. Think of driving through a parking garage at 50.

Most any car can run with minimal prep ( inflate tires a bit over factory pressure , clean the floating junk out of the car. )

I've done this on and off since 1989 in various cars over the years. If you ever want to go road racing on a track, doing a season of autocross first is worth it.

Or even more aggressive stuff like breaching road blocks, J turns and PIT maneuvers. ( yes it was worth the $$ )

97 SL320 · #71 03-05-2015, 06:35 PM

Quote:

Originally Posted by ROLLGUY

I don't normally use both feet, it was just a reaction.

And 2 feet is a staple of TV and movies.

I don't see how the car owner can get out of this. If driver was specifically excluded, knowingly loaning the car shows intent to commit an illegal act. If the other driver was not excluded, car owners ins should cover.

In any event I wouldn't make a claim against my ins, ask car owner to pay up ( some sort of contract in front of a lawyer with with a firm completion deadline ) then take a hard run at the car owner if needed.

I would not let the car owner drag things on, any delays would result in maximum legal proceedings and not months of "please take care of this".

ROLLGUY · #72 03-05-2015, 06:36 PM

Quote:

Originally Posted by mike-81-240d

Sorry to hear, hope your doing alright.

Thanks. As said in the beginning, I only had a sore throat from the airbag powder. I feel great now.....Rich

ROLLGUY · #73 03-05-2015, 06:38 PM

Quote:

Originally Posted by 97 SL320

And 2 feet is a staple of TV and movies.

Was I on Candid Camera?

SirNik84 · #74 03-05-2015, 07:07 PM

Rich, sorry to hear about your accident. The damage looks just like that damage to the mom car that you helped get me parts for. I know you'll get the car back together. Best of luck and I'm looking forward to seeing the SDL restored to its prior glory!

ROLLGUY · #75 03-05-2015, 07:10 PM

Quote:

Originally Posted by SirNik84

Rich, sorry to hear about your accident. The damage looks just like that damage to the mom car that you helped get me parts for. I know you'll get the car back together. Best of luck and I'm looking forward to seeing the SDL restored to its prior glory!

Actually, both frame horns are tweeked. I think it may be worse than I first thought, but I hope my body guy can straighten it without too much trouble.