Involved in an accident tonight - PeachParts Mercedes-Benz Forum

colincoon · #1 11-21-2013, 02:37 AM

So much for selling the E320.

Came around a corner and there was a car stopped at a green light. I was going the speed limit, but the passenger airbag still went off. Hit a 2014 Optima, which suffered minimal damage. The put me at fault but I will contest that in court.

E320 is totaled as far as I can tell. Still able to drive it home, though it almost overheated. I'll inspect the damage tomorrow.

I have to admit, I am really happy with the way it handled the accident. I am safe, and I only have the engineers at Mercedes to thank.

Stretch · #2 11-21-2013, 03:03 AM

Oh nuts - not good. You hit it squarely on. That damage is almost symmetrical.

colincoon · #3 11-21-2013, 03:29 AM

A few more

Skid Row Joe · #4 11-21-2013, 03:44 AM

You came around a corner to a green light......and.......then what? Did you rear-end, head-on, or broadside the stopped Optima? If it's your fault, what is your reasoning for contesting it? I'm not following you I guess.. That's quite a symmetrical, square hit, you rarely see.

elchivito · #5 11-21-2013, 07:18 AM

In my youth I got distracted one time at a green light and failed to take off as soon as the light changed. Fiddling with the 8 track or something. Got rear ended. The guy tried to fight his ticket unsuccessfully. In AZ you rear end somebody it's virtually always your fault.

pawoSD · #6 11-21-2013, 07:59 AM

I imagine they will try to total that but it does look repairable.

Shortsguy1 · #7 11-21-2013, 08:28 AM

Sorry to hear about the accident, but I am glad you are okay. I cannot speak for FLA, but in CA, you would not be successful in fighting the attribution of blame. In an accident with rear end damage on one car and front end damage on the other, the car with front end damage is deemed to blame by default. This is true even if the car in front behaves erratically. The one exception is if you have eye witnesses demonstrating that the other car reversed into yours (not relevant to your situation). Look into the law in FLA and see if it is similar. Perhaps fighting the decision isn't the best use of your time and energy.

link · #8 11-21-2013, 08:55 AM

That’s sad. Hopefully everyone is okay.

Mölyapina · #9 11-21-2013, 08:56 AM

Yeah, if you rear-ended him, you will most likely be at fault. What would have happened if the light were red? Would you have stopped in time then? If yes, then the courts would want to know how was this different.

HuskyMan · #10 11-21-2013, 09:01 AM

Rule number one; pay careful attention when driving. Expect the unexpected.

Rule Number two; he has the right to fight the citation and should fight it. why? At the very worst, he loses, at the best, he wins. The reason it is worth the fight is a conviction may result in increased insurance rates. The insurance companies extract plenty of money out of hip national bank, why give them an excuse to take more?

Jim B. · #11 11-21-2013, 09:03 AM

Quote:

Originally Posted by pawoSD

I imagine they will try to total that but it does look repairable.

The car is certainly totaled, BUT you can fix it yourself.

If you have collision yourself on the car, and you like the car, let the insurance company total it out and settle, but YOU BUY t6he salvage (junked carcass) back off them.

Under NO circumstances let go of the title, to ensure your continued possession of the car AND have to have had to "buy back" the car by signing off the title, and getting back a NEW SALVAGE title with the trashed car, as done in some states.

Then have it hauled to a safe place, put a tarp over it, aqnd start looking for a parts car - I suspect the front end even off a sedan would work - or buy a used front end off a junkyard parts car hit from the rear or the aide,.

Note - I have been out of the Insurance adjusting arena for a long time ! Since 1971 - BUT I think this path may work - my advice is without warranty or recourse, but likely the pathway to save it is there, as the principles remain in place, but may or may not be followed where you are today.

Good luck, hope both you and the Kia occupants are not hurt at all. But realistically at least, in the next few days, the Kia occupants may claim soft tissue or neck/back issues, sometimes they take a few days to begin to manifest. But your insurance will cover that, up to your policy limits anyway.

I think you are at fault technically, but stopped at a green light??????!!

Sheesh, there may be some comparative negligence, if that is proved, Maybe 80% your fault and 20% the Kia driver's. (Or some5thing) Depends on what the laws are in your state, and whether they follow the comparative negligence rule.

Good luck Colin, though.

Txjake · #12 11-21-2013, 09:24 AM

If you are planning to litigate this, you should stay off the internet......

MTI · #13 11-21-2013, 09:43 AM

Use a powered buffer on this . . .

The Clk Man · #14 11-21-2013, 09:53 AM

Did you live?

JimFreeh · #15 11-21-2013, 10:28 AM

Quote:

Originally Posted by Jim B.

The car is certainly totaled, BUT you can fix it yourself.

If you have collision yourself on the car, and you like the car, let the insurance company total it out and settle, but YOU BUY t6he salvage (junked carcass) back off them.

Under NO circumstances let go of the title, to ensure your continued possession of the car AND have to have had to "buy back" the car by signing off the title, and getting back a NEW SALVAGE title with the trashed car, as done in some states.

Then have it hauled to a safe place, put a tarp over it, aqnd start looking for a parts car - I suspect the front end even off a sedan would work - or buy a used front end off a junkyard parts car hit from the rear or the aide,.

Note - I have been out of the Insurance adjusting arena for a long time ! Since 1971 - BUT I think this path may work - my advice is without warranty or recourse, but likely the pathway to save it is there, as the principles remain in place, but may or may not be followed where you are today.

Good luck, hope both you and the Kia occupants are not hurt at all. But realistically at least, in the next few days, the Kia occupants may claim soft tissue or neck/back issues, sometimes they take a few days to begin to manifest. But your insurance will cover that, up to your policy limits anyway.

I think you are at fault technically, but stopped at a green light??????!!

Sheesh, there may be some comparative negligence, if that is proved, Maybe 80% your fault and 20% the Kia driver's. (Or some5thing) Depends on what the laws are in your state, and whether they follow the comparative negligence rule.

Good luck Colin, though.

I've done this a couple of times.

The car is certainly totaled.

*If* the hit was high enough that the bumper supports are still undamaged, the car is easily repairable.

You can pull out the inner fenders, and replace the radiator support, then all you need is new sheet metal and trim.

Yes, the sedan will give you all the parts you need.

The insurance companies will total the car, but you have the option to take the settlement check, less the salvage value of the car (which should be around $1K) and keep the car. In this case, the title will remain unbranded, but you will likely see a Carfax entry disclosing the accident.

If you can find a car that has been rear ended, or has suffered a major driveline failure, you may get lucky and pick it up for less than a grand.

Strip the damaged parts off the car, have a body shop pull the innerfenders and make sure the frame is straight, and weld in a new radiator support, and the rest is just a simple tranfer of the parts.

Easy peasy.

Too bad your so far away, I'll be picking up a 95 wagon soon with a rear end hit that would be a perfect candidate for fixing your car.

Jim