'87 300D Totaled, Low Ball Offer From Insurance Company - PeachParts Mercedes-Benz Forum

Crowe · #1 01-13-2006, 09:03 PM

The wife was sitting at a red light the other day and another driver hit the gas rather than the brake and crashed into the rear of our 1987 300D. She was OK but the car suffered significant damage (right rear quarter-panel, bumper, tail light, etc.). The other party was 100% at fault. Now their insurance company wants to total the car and give us less than half what the car is worth. I provided the insurance company with examples of three cars sold with similar condition and mileage that went for more than double their offer. It was like they didn't want to be troubled with the facts that they are not offering anywhere near what it will cost to replace the car. I refuse to accept less than half what it will take to replace the car. The car is drivable so I guess we will take the other driver to court and just argue about the value of the car in court. Anyone have any suggestions or experience with taking someone to court due to their unreasonable insurance company?

Keith_otr · #2 01-13-2006, 09:34 PM

I had a similar situation several years ago....rear-ended, 100% her fault. Her insurance company didn't want to pay much at all for my totaled car....and they wanted me to give them the car. I called my insurance company and told them about the situation. My company paid me about double what the other company would have and I was able to keep the car (it was still driveable with some work). My insurance company apparently was able to get the money from her company easier than I could have.

Good luck,
Keith

oldbenz · #3 01-13-2006, 09:37 PM

I had the same thing happen with my immaculate '70 280SE. Fortunately, it was my insurance company I was dealing with and a 12 year claim-free history. They wanted to give me $3500 for the car and I had over $25K in receipts on the car...but they still didn't care. I went round and round with a lady at the insurance company and provided them with a dozen or so comparable examples showing $18 - $22K. I was at my wits end when I finally decided to ask for the "boss" of the office. I guess they were also tired of me calling and ranting about the ridiculous offer for my car. In the end, I finally got $14K for the car! I guess they were ready to get rid of me. The moral of the story is "don't let them wear you down...wear them down first!!! Hope this helps.

t walgamuth · #4 01-13-2006, 09:43 PM

remember in dealing with big entities such as insurance companies and utilities, you may be dealing with someone who doesnt have the authority to give a better deal. sometimes it works to go up the ladder like the above poster did til you find someone with the authority to say yes. sometimes i ask them, "do you have the authority to do this? and if they say no, i ask for someone who has the authority to do it. sometimes it seems to shame them into it.....like, " I do too have the authority to do it!" kind of thing.

tom w

Volvo Diesel · #5 01-13-2006, 10:25 PM

Sorry to hear about the accident; glad no one was seriously injured (except, of course, the car).

The at-fault driver's insurance company is required to make you whole; you should not settle for any less than what you consider an appropriate amount which would allow you to purchase a similar car. The insurance companies typically low-ball the initial offers in order to try to make you think they're doing you a favor later when they "meet you half way." Refuse to play that game; be persistent and firm, and read up on the laws regarding the required conduct of insurance companies in your particular state. In my experience, taking the other driver to court is NOT typically the best way to get paid--the insurance co. has the deep pocket here and you should pursue the funds through them.

Perhaps you have a friend who is an attorney? Now might be a good time to have a conversation with that particular friend...take him out to dinner, even...

Best of luck to you!

sailor15015 · #6 01-13-2006, 10:32 PM

I was also rear ended right before Thanksgiving but I got lucky. My car was totaled but they gave me $1200 more than I paid for it. I paid $2500 for it and they gave me $3700. I paid $200 to keep the wreck, $700 to pay off the old loan on it, and $2500 to buy my brother's (now mine) '84. I actually wound up about three hundred ahead. I guess that's compensation for the hassle. The $3700 was their first offer and it sounded dang good to me so I took it. If they would've tried to jerk me around, however, I was going to bring in a ringer. One of my dad's best friends, and a good friend of mine because he also has an '83 300D

, owns his own State Farm branch. He told me if they even acted like they were going to mess with me then to call him and he'd take care of it for me. I think you most definately need to keep after them. Don't settle for less than what you think its worth.

Crowe · #7 01-13-2006, 11:02 PM

Thanks for all the good feedback.

Mismost · #8 01-13-2006, 11:18 PM

Make them fix it! start talking about how bad your wife's neck hurts! never under-estimate the power of a harshly worded letter from YOUR laywer! FIGHT 'EM. Even with their deep pockets, they know it's cheaper to settle up than fight for a few thousand bucks. SIGN NO RELEASES OF ANY KIND.

it cost them NOTHING to low ball you (if you take theier offer)...heck if was the other way around, you'd try the same thing..stand firm, demand they act right and pay up...if they don't, call one of those shyister lawyers on the back of the phone books!!