One less 240D in the world today - PeachParts Mercedes-Benz Forum

apache · #1 10-05-2006, 11:42 PM

While sitting in traffic today, a young girl in a Ranger slammed into the back of my 240 and drove me into the back of a Ford Taurus. It drove the rear bumper into the trunk all the way up to the filler door and drove the radiator into the fan, tenting the hood and smashing my Euro lights. Definitely totaled. Gave me quite a jolt also. Stiff neck and headache for me tonight.

This will be my last official Benz question until I aquire another one. Does anyone know firsthand how they will value my car to settle up. I know that this is going to hurt, because this was an '82 Euro with only 68K miles. I fear that the blue book will not reflect anywhere near replacement cost. Can I insist on them fixing the car? I've never had a car totaled, so I am interested in how this goes down. Thanks for any info, Jim

apache · #2 10-05-2006, 11:53 PM

I posted before I searched for my question. I gleaned pretty good information on poor Margaret's thread.

bgkast · #3 10-05-2006, 11:58 PM

Ouch. Sorry to hear that. If they do total it you should buy it back and find your self a rust free body to transfer the low milage 240 mechanicals into. Hope it works out.

Ara T. · #4 10-06-2006, 12:02 AM

That sucks. You better go get checked out by a good doctor, it will suck even more if you have migraines and neck problems because of some girl who was probably text messaging on her cell phone

apache · #5 10-06-2006, 12:51 AM

There must be some sort of karmic payback being smashed between two Fords after what I've said about Fords all of these years.....

midenginev8 · #6 10-06-2006, 12:59 AM

they dont go by blue book. they go my fair market value. and they also give you the option to buy the car back. usually the price of towing.

Jim B. · #7 10-06-2006, 02:02 AM

Most important, I hope YOU will heal well. May I respond here in TWO parts.
Your thinking must be you have TWO separate claims, one for your injury and secondly for the car. You can and should think of each of them as separate, and settle them accordingly.

1. The injury. Soft tissue injuries are tough to diagnose, and subject to fraud by claimants. Often the symptoms don't show until the 2nd day but you already have some. Probably the BEST thing would be to start keeping a short daily diary of what pain you feel. Get an attorney RIGHT AWAY and DON'T talk to the other party or their insurance company until you have the lawyer behind you. This is the part of the claim that could cost them the most to pay and here you need to be the most vigilant. Usually the attorney will take the case at no cost to you and for a percentage of the recovery. THIS IS IMPORTANT TO YOU! Go see a doctor also. It sounds like your car got rear ended at a good speed. No question AT ALL of fault here (luckily)
If the young lady has insurance, her company will pressure you to settle for damages VERY QUICKLY. Be sure you get a reasonable deal, actual medical expenses, and a fair amount for pain and suffering.

2. The car. We would like to see pictures if possible but at any rate the car is likely totalled for sure. In these cases, the insurance company will want to settle this very quickly, (one month maximum) because they are going to have to pay your car rental charges (go ahead and rent a car right away, and keep it reasonable, you are entitled to this "loss of use" until the car is fixed or replaced, subject only to your duty to "mitigate damages"- keep these costs reasonable)

Have it taken to a good Mercedes or unibody body shop and get an idea whether there is any chance the car could be repaired at ANY price, it is probably totalled anyway, but could it realistically be fixed up so it was perfect again so it was structurally sound? If so, then go ahead and let them "TOTAL" it and ask them to buy it back (less the salvage or scrap value of course) and then repair it

Emphasize it's uniqueness, the ultra low mileage and the extra value it has because of the Euro lights (these alone cost about $530 to replace at Capitol West) and the current biodiesel/WVO/SVO conversion craze the car is worth
really high mileage, maybe even $6000 or more I would guess! and gather whatever documentation from ebay sales, auto trader, www.mobile.de etc. to show the value of a good one. The value of a diesel engine with only 68k is a LOT! Dust off the books and records if you have them, to show the car's increased value! Dig your feet in and fight, and remind them a car like this is VERY near to unique and will cost a lot to replace. Not like a generic Neon or a Taurus or Malibu.

A body shop owner told me that in negotiating with Insurance adjusters the best posture is always to start out real tough and intransigent, it is easier to soften up as you go, than to start out as a real nice guy and try and get tougher as you go along. That sounds like real good advice to me, in any situation!!!

(I was an auto claims adjuster for a short time, it was over 30 years ago and this advice is as a result of that and several rear end crashes I had after that)

Finally, keep in mind you would have been injured a LOT worse, and maybe sent to the ER, if you had been in a Honda Civic, Chevy Cobalt, or a Korean car. The W123 bodied cars like yours were VERY thoughtfully engineered for safety and to protect you, in a crash like this, and the car was built to crumple front and rear but leave the passenger compartment intact

Naturally, you'll want the car repaired or replaced by an identical copy!

Sorry for the long post but I hope it helps a little. I'm sorry that this happened to you, and all so unnecessary, because someone was not paying attention, if they were talking on the phone it's enough to make you livid.

I hope you heal well (perhaps you might need a bit of physical therapy)and
the car can be saved and rebuilt

networkboy · #8 10-06-2006, 02:10 AM

Everything the above poster stated is good advice except the getting a lawyer part. That was superb advice.

GET A LAWYER NOW (please trust those of us who have been screwed by playing nice) The lawyer will take 35% if a settlement and 45% if trial.
highway robbery? yes. believe it or not you will still come out ahead with the lawyer.

Here's my story:
http://farmersreallysucks.com/cgi-bin/QAD_CMS.pl?page=US1_my_story.htm

By the way, if the person that hit you had Farmers, get a lawyer double-time.
The moment you talk to the other insurance company (no matter who it is) tell them:
"I'd like to refer all inquiries about this accident to my legal advisor , their number is , and the case number is ".
Repeat as neccessary. If you don't yet have a lawyer simply inform them that you are interviewing legal council and would like to wait till you've retained someone before discussing anything.

The insurance companies job is to make money. They do that by taking in premiums and not paying claims.

My prayers for you (and your car).
Cheers,
-nB

sublettm · #9 10-06-2006, 09:52 AM

Please do heed the advice and get checked out by a doctor. One of my employees was in a simple rearend collision about a year and a half ago. Since the accident she has had two vertebrae in her neck fused together and is going to have to have two more done. I say a simple accident because she was driving a Honda Civic and it didn't even total it...she just got hit the wrong way I guess.

apache · #10 10-06-2006, 10:58 AM

I appreciate the advice from everyone. I'm feeling much better this morning except it feels like I have eyestrain. I'm very thankful that it wasn't worse.

I say that I'm feeling better until I got a call from my insurance company saying that the woman in front of me disputes the facts of the accident and that she felt two hits, implying that I hit her first before getting rear ended. AArrrgggg!!! One of the policeman on the scene did all of the measuring and said that the girl hit me from behind at above 35 mph. I'll bet the woman in front of me might have felt two hits. I'm waiting for the police report.

Thanks again for all of the nice comments and advice.

OldPokey · #11 10-06-2006, 11:11 AM

Maybe the person in front of you did feel two hits:

1. Ranger hits 240D
2. 240D bounces away from Ranger into Taurus
3. Ranger continues forward and hits 240D again, which pushes forward into Taurus.

I've been in the middle car in a three car collision, and the instigator was a teen with a cellphone in her ear and a clipboard in her lap.

It sounded like this in my car:

BANG BA-BANG

The person in front heard this:

BA-BANG

apache · #12 10-06-2006, 12:25 PM

Pokey,

You are correct. I remember being stopped. Then big hit from the back and instantly being in a surge up against the Taurus. I think she probably did feel two hits, but her trying to reinvent the theory of the crime is going to muddy the simple facts. The change in tone from my insurance company was predictable from when I reported the facts of the accident last evening and this morning when they figured that they may have to pay a claim. It felt like I was transformed from Plaintiff to Defendant. Sad world. The police report should clear things up. I hope. Thanks for the input, Jim

#13 10-06-2006, 12:27 PM

Uphill battle is in store for you. Winnable though with perserverance.

Tend to your health first. Tonite Show founder Steve Allen had a very minor fender-bender (not his fault) pulling out of a driveway. Went home with a headache and took a little nap. Never awakened. Get to a specialist, especially with eyestrain, headache, neck, etc. The car can wait.

All advice about lawyering is extremely sound. Do split the claim between personal injury and property damage. Person in Taurus sounds scary, you need good protection of your assets and income.

Good gal-friend had a perfect 280 SEC rear-ended trunk into back seat (teen with cellphone in Mom's Navigator), and insurance wanted to total out for low kelley blue book. She's still battling after 6 months and the car is unrepaired, but she won't accept the paltry offering by the ins carrier. Unless you insured with a declared-value policy, problem is these old classics have increased in value in the marketplace but the insurer's cost system doesn't recognize the appreciation. Look up NADA cost data for classic or similar cars http://www.nadaguides.com. Better cost basis to negotiate with the un-insurers.

But FIRST, get comprehensive medical care. You also must get your insurer to defend claims from the Taurus -- for eternity.

Good luck. Pity about the 240.

Hatterasguy · #14 10-06-2006, 12:28 PM

I cannot stress this enough. IF YOU HAVE NOT GONE TO A DOCTOR DO SO AT ONCE!!!!! You could have problems 6 months from now and you will be SOL at that point.

In such an accident I would also probably be talking to a lawyer, you have interests you need to protect from the other parties. Remember they are all trying to screw you. Judging by the response of the person in the car in front of you, you will need one.

#15 10-06-2006, 02:18 PM

How fast was she going to do such damage? I would think at least 40mph.

Sorry to hear about your loss.