Nightmare came true... advice? - PeachParts Mercedes-Benz Forum

Snibble · #1 08-20-2004, 12:39 PM

My car was involved in an accident.

Good News: No one is hurt, as far as I know.

Bad News: Car was involved in an accident with rear and front damage, including a busted radiator.

I rode the bus to my work today, usually I drive.. but today was an exception because my father needed the large car to take his big ass suitcase to the airport. He was travelling down south for a dental conference. Anyways, his secretary took my car and drove him down to the airport. On the way, they stopped at a red light. Some dude in a new mazda protege "turbo" reached down for something in his car and plowed the rear end of my car. This pushed my car forward and hit a "newer" Pontiac grand am or something. The Mazda's front end is torn off or in real bad shape. The driver is in his mid to late 20's and a polite guy who was worried if anyone was hurt and admitted to his big goof. The Pontiac had minor/no damage except for a "scratch" on the rear bumper. My front is fu^*ed from what I hear... busted radiater and my BRAND NEW bosch euro lights are cracked. I notified my insurance, and the person was real nice. Unfortunately by law the person can't do much because I have no collision coverage. Besides that, it doesn't matter since i was not at fault.
I was told that the person will help me out as much as s/he could, but off the record because s/he can't legally by law. Right now I am trying to get a hold of the Mazda's insurer, but the phone is always busy. I had nightmares of a day like this.. a day where my baby gets trashed/stolen. I hope I don't get screwed... and to make matters worth... I am leaving the country for 5 years at the end of the month and won't be back untill each summer. ANY HELP/ADVICE is GREATLY appreciated. I haven't seen my car yet... I don't know how I will react when I see it. And to think of it.. I was supposed to meet up with Rmasteller and ebennz at the All German Car show in dublin on the 22nd.

KirkVining · #2 08-20-2004, 01:12 PM

Whether you have collision or not, you need to contact your own insurance company, as they will file for you with the other guy's insurer. You yourself just should keep bothering everybody - the guy who hit you, the other insurance company and your own insurance company, and you might consider talking to am attorney - most will not charge you for an initial consultation, during which time they can decide whether they will take your case on consignment. The guy who rear ended you is liable, but if he skates on you the person you hit is going to come after you.

suginami · #3 08-20-2004, 01:19 PM

Bummer about your car. I'd follow K.V.'s advise. Go through your insurance company.

I noticed that you'll be living abroad for 5 years. Will you be attending a university in another country?

MTI · #4 08-20-2004, 01:49 PM

The Mazda's carrier's phone is always busy? Who is the carrier, Joe's Indemnity and Microwave Repair, Inc? Most carriers have toll free national claims centers that take the initial call and them refer it out to the local claims office, whether it's there own or a subcontractor.

300SDog · #5 08-20-2004, 03:25 PM

Why doesnt the person in the Pontiac also go after the Mazda owner???

el presidente · #6 08-20-2004, 03:53 PM

Snibble,

Glad to hear nobody was injured. Make arrangements to obtain a copy of the accident report as soon as possible. The driver of your vehicle may end up having to obtain this as privacy restrictions may dictate.

My suggestion is to hold off contacting your insurance company if you haven't done so already (unless the driver of your vehicle was cited in the accident or hit the rear end of the Pontiac prior to being rear-ended by the Mazda.) From the scenario you describe, the liability rests with the driver of the Mazda. Assuming he has coverage, the claim will need to be filed directly with his carrier.

If you are still having trouble filing a claim or verifying coverage, feel free to PM me next week and I'll try to assist.....

KirkVining · #7 08-20-2004, 03:59 PM

Quote:

Originally Posted by 240DieselDog

Why doesnt the person in the Pontiac also go after the Mazda owner???

That's why he needs a lawyer. Technically, he hit the Pontiac, so he is liable for its damage. The insurance companies will play tag over that, with the one covering the Mazda claiming that the Mercedes was "following to close" in relation to the Pontiac, and believe it or not, will probably win that one unless some proof can be offered that the Mazda driver struck him while drving at a negligently high rate of speed - and since proving something like that if no one got a ticket is going to be impossible, the Mercedes insurance company will eat it and get it back from Snibble in higher premiums and Snibble will have an accident judged to be his fault on his record as a result.
If yuou get an attorney involved, he can file court actions that push the blame where it belongs, on the Mazda. Ultimately, tho, listen to el presidente, this is his bag. My experince in this comes from owning service trucks and the fender benders they have had over the years, sounds like he's in the collection end of the business.

el presidente · #8 08-20-2004, 04:07 PM

Quote:

Originally Posted by KirkVining

That's why he needs a lawyer. Technically, he hit the Pontiac, so he is liable for its damage. The insurance companies will play tag over that, with the one covering the Mazda claiming that the Mercedes was "following to close" in relation to the Pontiac, and believe it or not, will probably win that one unless some proof can be offered that the Mazda driver struck him while drving at a negligently high rate of speed - and since proving something like that if no one got a ticket is going to be impossible, the Mercedes insurance company will eat it and get it back from Snibble in higher premiums and Snibble will have an accident judged to be his fault on his record as a result.
If yuou get an attorney involved, he can file court actions that push the blame where it belongs, on the Mazda. Ultimately, tho, listen to el presidente, this is his bag. My experince in this comes from owning service trucks and the fender benders they have had over the years, sounds like he's in the collection end of the business.

Don't get ahead of yourself. Re-read his post.

According to the loss as described, Snibble is not responsible for this accident. The driver of the Mazda was driving a new car, according to the description and it is more likely than not that there was coverage.

The Mazda driver's carrier will pay for both. You can always retain counsel in the future....don't do the knee-jerk reaction and incur additional expense at this point. It is not necessary.

My offer still stands.

Good luck.

Snibble · #9 08-20-2004, 04:10 PM

update...

After a ****ty day, where I had to essentially RUN by foot from work, to the house to the insurance agent, I am still left confused and no car or no word.
I went to the insurance agent, he's a great nice guy.. and he said that to call the other insurance company and deal with them. He said not to make mention what insurance i am carrying because they might use this against me when it comes to valuing the car. I managed to call the sec. of the agent who was the person that took the report of the accident and said it has been submitted. The insurance company has a 1-800 number and is called "Celina". Never heard of them.. but they're not in Columbus. She said that they will give me a call later today with whats going to happen. I am going to ask for a car rental... but am now fearing the same bull **** i had to deal with the hotel in Cinci because I am 20(under 21).

I went to the towing place.. and saw the car. It looks like ****. The car was a solid 8.5-9 out of 10 before the accident. Now it has a busted tail light, crumpled rear qtr panel, the trunk is off-centered, the left euro light is crushed, the grill insert is crushed, chrome on grill is kinda crooked, and radiator is cracked. I haven't done any more investigations than that because I just went to retrieve my house keys and face plate from the cd player.

I am 99.9% sure it will be totalled... and I will have to fight them for the "value" of the car. Anyone who has seen or driven the car.. will tell you its a nice car. Bill Dovell ( a friend of Aaron Greenberg) has done some suspension work on the car and said the car was very tight and nice. Now its just junk due to the damage. Although its still drivable, but I won't take any chances with a bad radiator.

I will call the guy who hit me back later and see whats going on. He's very appologetic and sincere. The accident occured in predominately black neighborhood of Columbus on the way to the airport and I had the visual impression its going to be some teen to early 20's black gangbanger driving a POS car with chrome wheels plowing into the car and not have insurance. Fortunatly my worst fear is over... and the guy has insurance AND admitted guilt. If I were driving.. i am sure I would have lost my cool and did something I would have regretted. Good thing that long run back took some of my stress and anger away.

Suginami.. i will later explain the out of country move.... i have lots of crap to do and am on the rush.

bye.. any more comments, tips are GREATLY APPRECIATED

KirkVining · #10 08-20-2004, 04:11 PM

That's probably the best advice, but I have gotten screwed so many times by trusting that insurance companies will do the right thing I go for the lawyer real quick nowadays.

AustinsCE · #11 08-20-2004, 04:14 PM

That sucks, same thing happend to my dads 79 300SD, put a pontiac firebird hit him in the back, flattened it but he still drove the benz for 2 years and got mad money out of it. Not the same though, you just dont feel right about the poor car afterwards. I hope you get it all taken care of with that damned insurance copany. Good luck!

el presidente · #12 08-20-2004, 04:20 PM

Snibble.....Great! There's coverage.

That was step one.

Step two: Now....get a copy of the accident report when they make it available (sometimes it's 2-3 days before you can pick up a copy). Expect to pay for it too ($5 to $15). Even if you really don't want to pay for it, eat the cost as you may need it in the future.

No need to get your carrier involved at this point, unless someone puts you on notice......jeez, I hope I'm not giving legal advice here

Narwhal may want to take over from here....

Step 3: Get your documentation/receipts/repairs/upgrades stuff together.

That's quite enough for the time being.....keep us posted.

Snibble · #13 08-20-2004, 05:22 PM

Quote:

Originally Posted by el presidente

Don't get ahead of yourself. Re-read his post.

According to the loss as described, Snibble is not responsible for this accident. The driver of the Mazda was driving a new car, according to the description and it is more likely than not that there was coverage.

The Mazda driver's carrier will pay for both. You can always retain counsel in the future....don't do the knee-jerk reaction and incur additional expense at this point. It is not necessary.

My offer still stands.

Good luck.

Correct.. I spoke with my agent.. and he said that the mazda driver's insurance is liable for both cars, mine and the pontiac. Untill then, I will wait for a phone call from the insurance and will also call the guy who hit my car in half hour just to see what he has gathered up. I am lucky to know that the guy is being a gentleman about it, and not some douche bag. My only concern is to get the value that I seriously think its worth, and not some rusted POS with tons of more miles on.

Since my car is more than likely going to be totalled, I will buy back the car and park it in the garage. I won't have time to be doing car shopping since I am travelling abroad... but will for sure travel down south to purchase a BLACK SEL/SEC (I will need to convince my folks that an SEC is good for the family, eventhough its really MY car.) The car will have many good parts, so I am happy about that... but sad and depressed that its "totalled". My interrior is nice... so I hope to use that as my donor some day.

Snibble · #14 08-20-2004, 05:27 PM

Quote:

Originally Posted by KirkVining

That's why he needs a lawyer. Technically, he hit the Pontiac, so he is liable for its damage. The insurance companies will play tag over that, with the one covering the Mazda claiming that the Mercedes was "following to close" in relation to the Pontiac, and believe it or not, will probably win that one unless some proof can be offered that the Mazda driver struck him while drving at a negligently high rate of speed - and since proving something like that if no one got a ticket is going to be impossible, the Mercedes insurance company will eat it and get it back from Snibble in higher premiums and Snibble will have an accident judged to be his fault on his record as a result.
If yuou get an attorney involved, he can file court actions that push the blame where it belongs, on the Mazda. Ultimately, tho, listen to el presidente, this is his bag. My experince in this comes from owning service trucks and the fender benders they have had over the years, sounds like he's in the collection end of the business.

Why would I have anything on my record???? I was not the driver, passenger nor witness to this!!! Its just my car, and my insurance... so how and why would I be punished for this???

MTI · #15 08-20-2004, 05:47 PM

Snibble, when non-lawyers start giving legal and insurance advice for free, you get what it's worth.

Despite the other advice, it was probably required under your policy that you inform your insurance company of "the event" even if you can't make a claim under your policy. The worst thing that could have happened is if the Pontiac owner brought a personal injury suit against you and the Mazda driver a year or two from now, then you try go get your carrier to defend you on an accident you didn't report. Check the fine print of the policy, most are ISO9600, for the notification requirement and whether the carrier has the potential, though most won't, that non-disclosure would constitute a material breach of the policy.

Start doing your homework. You want to find what the ACV, actual cash value, of the wreck was the minute before the accident. Sentimental value and family heirloom status doesn't figure in, neither does "asking prices" in Cars.com listings.

Remember, everything is negotiable. They may say no rental car, but stick to it. They may say "compact" but push them for the same class of car that was wrecked, which is probably more equivalent to a "full size."