Tragedy Has struck
 

First off, Me, my wife and 10 year son walked away from this literlly unscathed. I've felt worse after a day at work.

Anyway, on 8/26/09 on the way home from a 3 day vacation at Crater Lake, Oregon, 10 miles from home, this woman somehow lost control of her car on the dry pavement, spun out from the right hand side of 4 lanes and came to a stop directly in front of me in the far left lane. No time to even say "Hang On"

There were cars to the right of me and few car lenghts ahead so I couldn't see her until it was too late. She was facing the right direction but sliding across the freeway as if she was power sliding in to parking spot. WTF?

First, (once she came too) she gave the state patrol her insurance information which turned out to be for a motorcycle. I thought I was going to have to deal with an uninsured motorist. Thank God she does have car insurance.

Then, she made a claim against me for rear ending her on the freeway:eek: When my adjuster got her statement, she was all over the road (similar to the way she drives). She said that she was in one of the right hand lanes, tried to move left, someone honked, she moved back in to her lane and that's when I rear ended her. She didn't know what lane she was in when I hit her and didn't think she was in the left lane. They did give her a breathalyzer test before she got in to the ambulance but I haven't heard anything back yet. I don't even have a police report yet. I hope that BEOTCH was drunk because otherwise, my only other option for defense is what's called the "emergency doctrine." It basically states that if something happens that's not your fault and there's no time to react, you may not be held liable for damages that occur.

Unfortunately, that's not going to pay for my car.
http://i219.photobucket.com/albums/c...sionmounts.jpg
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Glad all of you are okay as well as the other driver. I understand your rage. And this is just another reason why we like to drive this big, old cars ---- because they are very safe.

Take care.

Sorry about the car but that's what you have insurance for. did you get any whitnesses? If so don;t worry. They can corroborate your story. If not be prepared to duke it out in court and dont let the insurance Co settle without a trial. you can also sue here in civil court for negligence. Good luck. Sorry your nice wagon got trashed.

ouch... another lost wagon.

If its any consolation, my wagon once looked just like that. I would not recommend fixing it, in retrospect.

Too bad!

YOur wagon was looking fine too.

I bet you'll be all right financially. Document your car's value well and don't take the first offer from the adjuster unless it is a decent one.

Glad you are ok.

Sorry to hear about your accident. The vehicle did it's job and your alive to write about it. There's was a wagon on Denver Craigslist in need of an engine a few weeks ago. Don't know if it's still available.

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.

I don't even know if the engine is OK. I finally got the hood open and the driver side engine mount is broken in half, the throttle lingage is jammed in to the firewall and all the components in the front are one with the radiator.

I guess the engine mount giving way would lead to the transmission being ripped off it's mount and support.

There were witnesses that stopped but, unfortunately they were behind me so I don't know how much help they will be in describing what happened other than me hitting her. I sure hope they can.

Thanks for the moral support...I'll get over it eventually.

ouch thats why I always a leave at least car length or 2 in front of me since they are moronic drivers who have no concept on how long it takes to stop at a certain speed.

As for the engine my brother hit a deer a month later the engine spun a rod bearing due the deer hitting the front of the car and pushing in the radiator and other parts

Thanks Oracle but I had open road in front of me. I wasn't following anyone. She slid across the freeway in front of the people in the lanes to the right of me. They could see her...I couldn't.

Dan, Stella don't look so good, but she sacrificed herself protecting you and the family, and thankfully you're all OK. Its sad to see the loss of such a nice looking wagon, but cars are replaceable.

Even if the other driver wasn't drunk, the inconsistencies in her account of what happened (she says moved back into the right lane, and then you hit her, but she was in the far left lane when you hit her) vs your account, which will undoubtedly line up perfectly with the police report, should be more than enough to show you were in the right and she was in the wrong.

As others have said, be sure to gather your documentation to show what your car is worth and don't take the first offer from the adjuster.

P.S. If you want to sell those wheels I'm interested. Kind of like Stella being an organ donor and part of her living on in my coupe ;)

Thanks for the kind words Bob.
I think I'll keep those wheels for Stella's replacement. I have a nice set of Bundts that..... nevermind.

There should be some nice blue interior parts for sale before long...Unless I find another China blue wagon. I've been looking for a replacement since 8/27

You all will be the first to see the pics.

sorry to hear about the accident

but since you walked away unscathed, i'm going to have to call dibs on the clk wheels

<flame suit donned>

<runs>

<hides>

fix it! That car is repairable!!!

pierre, we're looking at the same pics right, IMO that car isn't repairable.

The most important thing is that you and your family are safe. Sorry to hear about your wagon.

Sorry, but I don't think so.

Everything is repairable.
 

It's just a matter of whether or not you want to pay to do so. I've seen body guys do absolutely amazing stuff. A guy hit a bridge embankment in his 126 560 SEL going about sixty. Fixed it at a cost of close to $20k - this was back in the late eighties. When it was done, you couldn't have told that it had been wrecked. Keith and Mikey did a phenomenal job. Two of the best technicians ever!

Jay.

Fix It?
 

SL,
'Glad y'all are O.K.

pch2021,

Are you volunteering necessary labor to hand restore his chassis?

Tailgate.
 

But, if you do decide to part the car out, my buddy needs a china blue tailgate....

Jay.

I'm glad you're okay. Cars can be replaced.

Hopefully it gets better when dealing with the other person.

I don't doubt that it would look fine but I wouldn't want to be in it if I had another wreck.

No amount of repair can restore the original specs and crumple zones.

Before u let the insurence guys see that car REMOVE THAT RIMS and Place another on it. Those rims are too good to be Junked

Good as new.
 

The car could be repaired to 100%. Probably better, considering its age.

If you ever spend much time in/around an automotive body shop, you'll be amazed at what can be straightened. Not just puttied and painted. Fixed. Repaired. Restored. The car would and could be structurally sound.

Jay.

Really sorry to see your sweet car wrecked but safety is one reason I own Benz's and Stella proves that. Glad you and yours are ok.

First off, thankfully you and yours are all ok! :eek: I can't even imagine what must run through your head when your loved ones are in the car in that situation and I hope I never have to go through it.

What a shame with your car, the pics were somewhat inspirational in that maybe someday I could get my car to look like that when I finally had the time to do it.

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

Many years ago I was rear ended on a freeway by a 70+ year old guy I suspected was drunk. I asked the cop to test him and he said "do you really want that...because his insurance company will deny coverage for your damage if he was drunk and you will have to go after him personally". I could not believe my ears, that a cop would discourage someone from being tested for DWI. I don't even know if the insurance companies can deny covering an accident if the driver was drunk or if that was just some story he was telling to get out of having to do more work, but either way the old guy got away without being tested since I was more concerned with getting paid for my damage than I was seeing him go to jail. I'm sure today there is much more awareness of the dangers of DWI than there was 30 years ago but it just shows you what went on out there.

StaggerLee...Glad you and your family are ok - by your description of the accident it could have been much worse. As others have stated, "it's just a car and can be replaced", but yet we grow attached to our classics and it can be emotional...

I will say - it's a good reminder as to the safety of the W123 and other model classic Benz...When accidents occur, they perform as designed and sacrifice themselves for the safety of their owners...

Awww man! :( That frame is probably tweaked.
Well, she gave 100% on her very last job-protecting you and yours. :(


Take the star off of it and put it on your next car. :)

That's awful. Glad to hear everyone got out of Stella alright in one piece.

Keep a single thing from her to place on your next W123, like the hood star as mentioned. She'll live on in spirit.

And I'm sure the car will be totaled, but if the buyback is cheap enough, sell off the parts. I'm betting there's a lot that's still good there.
And be sure to let the adjuster know that regardless of mileage, condition, manual transmission wagons are hard to come by and priced accordingly.

Sorry to hear this. Car is totaled for sure. No question there.

This is one of those situations where you need to find a good attorney ASAP and sue this woman. You have witnesses in your vehicle that will back up your story of the events. Clearly the woman is confused and belligerent and she will try to weasel her way out of this.

Do NOT trust the insurance companies to "make it right" for you - they will never pay you what that beautiful car is worth, nor for the time you put into it, nor for your aggravation and distress. You *need* an attorney to file a lawsuit and get you appropriately compensated. Find one quick. Not to sound harsh, but you're a fool if you don't.

PS. I really like those wheels. What did they originally come from? And what size are they?

Callous!
 

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.

No worries all...
 

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.

Sorry to hear it.
 

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!

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.

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

[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.

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...

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.

An ounce of prevention . . .
 

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. :D

Jeremy

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.

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

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.

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

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.

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.

Sorry about Stella! :( But she did her job keeping you and your family safe!! Looks like it was quite the impact! How did the other car look?:confused:

Glad you guys were not hurt!!

I have wrecked a few cars and it is always a sad moment to let them go before thier time! Good luck in your new quest for a suitable replacement for Stella! :D

The other car...
 

Was a Honda civic hatch back. What is that a CRX or something? I blew out every window in that thing and it's wheelbase has been shortened some.

The driver didn't get hurt too bad which is good.

Oh no, was it this car?

http://upload.wikimedia.org/wikipedia/commons/thumb/1/14/%2794-%2795_Honda_Accord_EX_Wagon.jpg/800px-%2794-%2795_Honda_Accord_EX_Wagon.jpg

I loved my wagon back in the day :(

I'm so sorry to hear about the wreck. I really admired that car when you brought it to the get-together, stuffed full of parts. That was so generous of you. I wish I had a spare W123 front end I could give to you, so you could get Stella back on the road.

The damage is another demonstration of how safe these cars are. Unfortunately, while the crumple zones protect the driver & passengers very nicely, they really do crumple....a lot....

Hopefully at the least, the transmission can be saved, and you can build another awesome 300TD. Having a manual transmission in a wagon is just the coolest thing. I've only seen one other wagon in the Seattle area with Euro lights, bumpers & a stick shift (and IIRC, one of those cool Euro hitches).....it was black, and I seem to remember it had been debadged, as well. If I ever see it for sale....