Dear JimSmith & New2Mercedes:

Problem with suing the malfeasant is that he lives and drives in PA. The accident took place in NY while he was on vacation and I believe that short of hiring a PA atty, my only option is to bring suit against the ins. co. in NY. I'm only admitted in NY and CT.

Diminished value claims in NY are all governed by common law (e.g. judicial opinion). Because such claims are neither authorised nor prohibited by statute, I believe that I am well within my rights should I resort to the courts to force the ins. co. to make me whole again. Remember, the ins. co.'s legal dept, after researching the issue, already told them to settle with me. The only large mistake they made (besides deciding to send me an insufficient amount) was not having their lawyers effectuate a settlement with me as I suggested they do.

I have not yet looked into involving my insurance co. They are not nearly as large (powerful) as the malfeasant's co.

The MB certified mechanics/auto body shop have not and will not cut corners to meet ins. co. price guidelines. All replacement parts are O.E. AMG and all repairs are done to MB spec. using MB procedure. They claim that the ins. co. has already forfeited its right to inspect and pre-approve the repairs made necessary by this accident and claim that the ins. co. must now pay them for all repairs regardless of price. The only draw back to this position is that the mechanics insist that they will not release the car until the ins. co. pays them. The ins. co. has not yet either refused or agreed to pay for all supplemental repairs, but the adjuster has informally stated that he would approve these repairs. All parties are understandably concerned and careful about repairing a NY litigator's ostensibly (formerly?) collectible Benz.

At the moment I am so riled up that I may sue everybody, mechanics and ins. co. if the ins. co. does not fairly compensate me for all the damage caused by their insured. (If any attorney members of this forum are admitted in PA and willing to help (for a fair percentage), I will draft all papers and forward them for filing). Before going to court against the offending driver, however, I may send him a cautionary demand letter.

Unfortunately, I'll be on the west coast next week, just when the car is expected to be ready.

Marc (C43 for 1 hour)
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