Tragedy Has struck - Page 3 - PeachParts Mercedes-Benz Forum

babyjames · #31 09-11-2009, 01:03 PM

Sorry, man. I am glad to hear you survived unscathed. I have lots of parts laying around. If you decide to rebuild, I might have a few of the harder-to-find bits squirreled away somewhere. If I can find them.... I'm right down in Portland.

Please forgive my lack of courtesy!

Jay.

StaggerLee · #32 09-11-2009, 01:50 PM

I'm open to all suggestions. I do have a ruthless injury attorney waiting in the bushes so I've got that angle covered. He's a close friend (Fraternity Bro) and will no doubt have my best interests in mind

.

BabyJames...I dont think there's point in trying to rebuild it but I appreciate the offer. It's pretty tweaked and would also have a salvage title.

I'll definitely buy it back from the insurance Company. Someone will need a mint blue 3rd row seat. I"m going to hold off on any parts sales until I know the replacement doesn't have blue interior.

I went to look at a wagon the other day advertised as having a sound engine and body. I promptly pointed out to the owner that he shouldn't put his foot down too hard on the passenger floor board or he'll get the Fred Flintstone treatment. The only thing holding it together was the undercoating. It was depressing.

I'll pass on the kind words to my wife and son.

benfield4 · #33 09-11-2009, 02:25 PM

At least the old girl protected you!
Hate to be a kill joy but I had a bad experience with a large insurance company and at least want you to be informed.

I have to agree with the posters that say to get an attorney. I was rear ended in my old Galaxie a number of years ago and it was no fault of mine since I was stopped at a light. I provided receipts and records of work done to it and still got screwed. It will go to their total loss department and most likely will be "difficult" (in their words) to find the value of such an "old" car. You will get a big packet of info from them that will contain a nit picky documend deducting value from the car for every dent, tear in the seat fabric and flaw in the car. It will also contain a market value document (from ADP in my case) that will "prove" what they think the car is worth. In my case the insurance company would not accept anything other than an official paid appraisal of the car. I called one and spoke with him and he said plainly that I was screwed since my car was not a desireable collector car on the collector car market and had high mileage. It was all very frustrating for me. Good luck and use every means at your disposal for recouping the money for it hopefully you don't need it. I sincerly hope its easier for you but it never hurts to have extra ammo in your belt.

take care and be glad that your all ok and that you had choose a safe car!

JEBalles · #34 09-11-2009, 04:29 PM

Quote:

Originally Posted by pch2021

fix it! That car is repairable!!!

I don't think it's repairable. Granted, I know nothing about collision repair, but wouldn't other things buckle, bend or crack? I think it'll just have to be a donor. Definitely save that trans. I'd be looking for another one. They come up often enough, if not in that beautiful condition, unfortunately.

Anyway, important thing is that you and your family are safe, another testament to the safety design of these cars. Again, I'm sure everyone on this forum feels for your loss.

marybeth · #35 09-11-2009, 05:07 PM

X2 on Lawyer and back-up document for battle with Insursance Company.

At present a buddy is fighting the 4th member of the Axis of Evil (Insurance Industry) after his Pick-up was rear ended (while he was in the breek-down lane awaiting atow due to broken alt belt) and the guy bailed-but left his car.

The pick-up was older model/daily driver-but nice enough that he took it to local car shows.

It is now a battle of paper & who's estimatesand waiting+ constant delays as time goes on

kingdoc1 · #36 09-11-2009, 05:52 PM

[QUOTE=StaggerLee;2291604]

I'll definitely buy it back from the insurance Company.... [QUOTE]

You don't have to "buy it back" from the insurance company, the title is in your name and the car is yours,--you tell them what it is going to take to settle the claim and let them know you are keeping the car. They cannot force you to give up your car and you can refuse to settle with them until they come up with the right amount of money. No matter what they say, the car is yours and you have the right do do with it what you wish, the insurance company simply has the obligation to reimburse you for the value you have lost.

lupin..the..3rd · #37 09-11-2009, 06:29 PM

Quote:

Originally Posted by benfield4

I was rear ended in my old Galaxie a number of years ago and it was no fault of mine since I was stopped at a light. I provided receipts and records of work done to it and still got screwed. It will go to their total loss department and most likely will be "difficult" (in their words) to find the value of such an "old" car. You will get a big packet of info from them that will contain a nit picky documend deducting value from the car for every dent, tear in the seat fabric and flaw in the car. It will also contain a market value document (from ADP in my case) that will "prove" what they think the car is worth. In my case the insurance company would not accept anything other than an official paid appraisal of the car. I called one and spoke with him and he said plainly that I was screwed since my car was not a desireable collector car on the collector car market and had high mileage.

Quite frankly this sounds like BS. Not your story I mean, but the excuses you were fed by the Ins Co. The "collector car market" has nothing to do with anything. Nor does "high" mileage or "old". The car is insured for replacement value. I.e. what it would cost to replace it with another similar vehicle in similar condition and with similar mileage. If your vehicle is a rust free 300 diesel wagon with manual transmission, then that is your market. You check ebay, craigs list, etc. and find all the rust-free 300 diesel wagons that are in similar condition, and average the prices. Chances are if your car had a torn seat, so will one of the cars that's for sale. If there are only 3 for sale in the entire country, and their asking prices are $15k $16k and $17k, then the insurance company is obligated by law to pay you at least $15k since that is what it would cost for you to buy that car. They can and will make low-ball offers all day long, but nothing is final until you accept their offer. You just keep rejecting, keep throwing the evidence in their face, until they relent. They know the law very well, but they also know it's in their interest to get you accept a lowball offer...

benfield4 · #38 09-13-2009, 01:41 PM

This is why I told him to seek legal advice. The insurance company is only obligated to give you replacement value of your vehicle. They have a method to determine what that is and its difficult to fight. Ebay and craig's list ads are considered "Inflated" and not replacement of your individual vehicle. I totally agree that it is all BS from the insurance company but your fighting a large corporation with a lot of resources. It still pisses me off just typing this and its been 7 years. I got advice from different sources including my insurance agent and they all said that unless I could find an official source of replacement value that naturally the insurance company would accept your screwed. Essentially I was told that I would have to have someone evaluate my vehicle and prove that it was worth more than 900 dollars. No one would sign off on it. If they pay him a fair price then he should consider himself very lucky. Hopefully he does not have to go through this. My intent was to make him aware that it can be a PITA to deal with them.

Jeremy5848 · #39 09-13-2009, 02:11 PM

This is why I get my cars appraised. Granted, it is not an inexpensive process (currently $300 each). The appraiser spent several hours going all over the car (interesting, he never started the engine) and later mailed me two copies of a thick report with all sorts of data on the car, lots of photos, current sales, copies from all of the auto-for-sale books, etc. I took one copy to my insurance agent and had the agent sign and date the other copy as a "receipt." That copy is in my fire-proof (for two hours anyway) safe.

I've never had to wave the appraisal in front of an adjuster but the appraiser told me that he and his people spend a good deal of time in court testifying on behalf of people trying to get fair play. The prices that the appraisers come up with are high, of course. That's their job. It's a number you can use to counter the low-ball offer of the adjuster. Worst case, you have someone available to fight for you.

The insurance company does not work for YOU, advertising to the contrary. They work for their shareholders and their job is to increase the value of the company and to deliver dividends. In an insurance company, one way to do that is to hold down claims. The adjusters know that and they know who signs their paychecks and it isn't you. To get fair play in such a situation, you must have someone who works for you, someone knowledgeable, professional, and not emotionally involved. That person is an appraiser.

YMMV.

Jeremy

Ian White · #40 09-13-2009, 03:16 PM

My condolences to your fine loss, but she sacrificed herself for your family which ultimately is very very very important. Again, I'm sorry about your classic wagen.

rcounts · #41 09-13-2009, 03:41 PM

Quote:

Originally Posted by SwampYankee

And since the vultures are already circling, I'm looking for a rust-free China Blue front passenger side fender.

TECHNICALLY, the PS fender off Stella would fit your description. You didn't say it had to be free of damage - just rust

gerkebi · #42 09-13-2009, 05:42 PM

Stagger, glad you and the fam is OK. She probably dropped a wheel off the road when someone honked at her and then overcorrected, swinging the car back across the highway. Very common mistake.

China Blue, what a shame. My favorite color. I get more comments on my China Blue sedan than all my other cars put together. PM me if you part the old gal out.

gerkebi · #43 09-13-2009, 05:46 PM

By "part the old gal out" I meant the car, not the other driver.

Outofworkjoe · #44 09-13-2009, 09:06 PM

Hey man my 84 Volvo 240 give it life for me and my 3 kids,hit and stop car doing about 35,no one got hurt.

strelnik · #45 09-13-2009, 09:20 PM

Quote:

Originally Posted by Craig

I'm very sorry to hear about the car, but I wouldn't call it a tragedy if everyone is OK. Dealing with the accident, police, and insurance will be a PITA but it's nothing compared to having someone injured. I would start collecting evidence to document the value of the car so you can deal with her insurance company.

X144. As long as the family is ok, that's the #1 thing. As upsetting as it is, you can maybe get money and a replacement car out of this,tho it might take time.