Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help



Go Back   PeachParts Mercedes-Benz Forum > Mercedes-Benz Tech Information and Support > Diesel Discussion

Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 04-23-2019, 03:08 PM
Registered User
 
Join Date: Sep 2003
Location: Back in Colorado for now
Posts: 1,315
Insurance low-balling totalled 300D

Haven't posted in a while (not on forums much anymore, more about paying bills with little time left to me...), but was rear-ended this winter, slippery ice, etc., and the drivers insurance says car is totaled. Then they only want to pay 50%, offering me $1300 for a 1984 300D with perfect body (before), rebuilt engine (with porting, head work, etc.), custom parts throughout (I have a machine shop), 4-speed conversion (custom Sach's clutch was $500 alone), completely rebuilt front end, upgraded (SD) brakes, new Michelin's all around ($500+), etc.

As far as they are concerned, it's just an old car, not worth the fuel in the tank. For me (and most of us here), it's an ultimate reliable, safe, worthy machine worth more than any of the new throw-away cars out there. But..., they don't see it that way.

Do I get an attorney? Anyone here an attorney and want to make a few bucks helping out a fellow MB'er writing a nasty letter to State Farm??



__________________
1984 300D Turbo - 4-speed manual conversion, mid-level resto

1983 300D - parts car

1979 300TD Auto - Parts car.

1985 300D Auto - Wrecked/Parts.


=========================

"If you don't know where you are going, any road will get you there". Lewis Carrol
Reply With Quote
  #2  
Old 04-23-2019, 03:16 PM
Diesel911's Avatar
Registered User
 
Join Date: Sep 2007
Location: Long Beach,CA
Posts: 51,212
Quote:
Originally Posted by TomJ View Post
Haven't posted in a while (not on forums much anymore, more about paying bills with little time left to me...), but was rear-ended this winter, slippery ice, etc., and the drivers insurance says car is totaled. Then they only want to pay 50%, offering me $1300 for a 1984 300D with perfect body (before), rebuilt engine (with porting, head work, etc.), custom parts throughout (I have a machine shop), 4-speed conversion (custom Sach's clutch was $500 alone), completely rebuilt front end, upgraded (SD) brakes, new Michelin's all around ($500+), etc.

As far as they are concerned, it's just an old car, not worth the fuel in the tank. For me (and most of us here), it's an ultimate reliable, safe, worthy machine worth more than any of the new throw-away cars out there. But..., they don't see it that way.

Do I get an attorney? Anyone here an attorney and want to make a few bucks helping out a fellow MB'er writing a nasty letter to State Farm??



Look up the blue book value and if it is more use that as ageing point.


Someone on our forum said you can make the fix it. Don't know if that is true.


You could tell them to give you the money and pay them the scrap value of the car and fix it with what is left. However, in some states you end up with salvaged on the title.


There must be some sort of a car insurance forum on your specific state. That could be a better source of info.
__________________
84 300D, 82 Volvo 244Gl Diesel
Reply With Quote
  #3  
Old 04-23-2019, 03:20 PM
Registered User
 
Join Date: Sep 2013
Location: Alhambra California
Posts: 3,129
Each state has an office of the State Insurance Commissioner. Generally, the commissioner can provide guidance and at times will become an advocate for the insured.
Reply With Quote
  #4  
Old 04-23-2019, 04:04 PM
Father Of Giants's Avatar
Registered User
 
Join Date: Feb 2017
Location: Newport News, Virginia
Posts: 1,597
Fight this to the death imo, worst comes to worst it'll be rebuilt.
__________________
1998 Ford Escort ZX2 5 speed - 279,000 miles My Daily

1992 Mercedes 300D 2.5 202,000 - Pure junk
2000 Mercedes E320 Black - 136,000 miles - Needs repair

Don't forget to grease the screw and threads on the spring compressor.
Reply With Quote
  #5  
Old 04-23-2019, 04:05 PM
Registered User
 
Join Date: Apr 2006
Location: South Florida
Posts: 467
Run some comps on that car here https://www.hemmings.com/here and elsewhere to show them that the average value is much higher than what they're trying to foist off on you. Collect articles on the iconic status of this vehicle etc.

This was how I was able to up what the insurance initially offered me on a totaled SD.
__________________
'83 SD, 2x '85 SD
You are entitled to your own opinions, you are not entitled to your own facts.
Reply With Quote
  #6  
Old 04-23-2019, 04:57 PM
Registered User
 
Join Date: Sep 2006
Location: Middle TN
Posts: 4,154
I was given $3,000 for my 85SD and bought it back for next to nothing. The car needed AC and paint. Yours should bring more than that. Explain all that you have done and why it is worth more before spending money on an attorney. Attorneys eat more than the car is worth in fee down payments. Injuries are wort attorneys. Old sheet metal can usually be negotiated.

Begin by being nice. You don't want to piss off the only person likely able to solve your problem easily.
__________________
85SD 240K & stopped counting painted, putting bac together. 84SD 180,000. sold to a neighbor and member here but I forget his handle. The 84 is much improved from when I had it. 85TD beginning to repair to DD status. Lots of stuff to do.
Reply With Quote
  #7  
Old 04-23-2019, 05:05 PM
tyl604's Avatar
Registered User
 
Join Date: Feb 2008
Location: Atlanta, GA
Posts: 3,641
Agree; begin by being nice. I would put together a thorough file with all the new parts and repairs and bills. Then show them the file, receipts, and spreadsheet. Should give you some leverage.

I am also a big proponent (if necessary) of taking their offer and then buying it back and repairing yourself. Not sure that anyone really cares about a salvage title on a 34 year car. Gemini - it may be 44 years old by the time you are ready to sell.

Whatever you do, please do not let them send it to the junkyard for scrap.
Reply With Quote
  #8  
Old 04-23-2019, 05:14 PM
Registered User
 
Join Date: Apr 2019
Posts: 83
I just went through this with a Volvo. If the person who hit you has an insurance company that will not negotiate in good faith,simply let the insurance company know that you will be suing the driver and not the insurance company. If you read up on bad faith in contract law,it puts the insurance company in a very precarious position. They are legally obligated by contract to indemnify the errant driver. Rule number two is never communicate by phone. Every continent versation between you and the adjuster needs to be on paper.if you have not sent in a written claim to the insurance company and only communicated with the adjuster, you are basically allowing him to file your claim for you. My advice would be to send in a written claim demanding the value that you feel is fair that is backed up with similar cars.NADA has absolutely nothing to do with anybody's car value. It did take me four months to settle, but was settled within 5 hours of sending in a written claim. Good luck but the law is on your side.I would suggest reading up on bad faith insurance.
Reply With Quote
  #9  
Old 04-23-2019, 05:22 PM
JHZR2's Avatar
Registered User
 
Join Date: Jan 2002
Location: New Jersey
Posts: 5,270
Yes, get ready for an attorney. But get ready for their game of chicken resulting in up to a jury trial.

Get the kbb classic pricing guide. It has more realistic pricing. Ditto for eBay and BAT results.

I’d immediately sue the other driver for damage, loss of time and diminished value. Small claims is the way to go.
__________________
Current Diesels:
1981 240D (73K)
1982 300CD (169k)
1985 190D (169k)
1991 350SD (113k)
1991 350SD (206k)
1991 300D (228k)
1993 300SD (291k)
1993 300D 2.5T (338k)
1996 Dodge Ram CTD (442k)
1996 Dodge Ram CTD (265k)

Past Diesels:
1983 300D (228K)
1985 300D (233K)
Reply With Quote
  #10  
Old 04-23-2019, 05:33 PM
Registered User
 
Join Date: Apr 2019
Posts: 83
If you want to put the fear of a higher power in an insurance company, read what a bad faith ruling from a judge is worth.if you provide proper documentation and a written claim,and the judge finds that the insurance company acted in bad faith,there are severe financial penalties for the insurance company to the person who owns the policy. File your own claim.in my state you don't even have to allow the adjuster to view the car. I however did. He was very smug and cocky.I warned him that he was on private property as a guest and would be immediately escorted from the property if necessary. I live in Ohio and the rules here were very favorable to me.
Reply With Quote
  #11  
Old 04-23-2019, 05:47 PM
Registered User
 
Join Date: Apr 2019
Posts: 83
Ugh.. I am sorry you are going through this. Right then and there it reminds me of how bad of a position I was in after losing my car. A chance meeting with a legal clerk at a social gathering allowed me to settle my claim the very next day. I lost a Volvo high pressure turbo coupe c70. I have yet to come to grips that a 2.3 l engine could possibly run like that.
Reply With Quote
  #12  
Old 04-23-2019, 05:47 PM
Registered User
 
Join Date: Oct 2012
Posts: 5,924
Yes Sue. If the person at faults insurance cannot leave you in a similar condition to what you where . Sue him. Small claims court here is good to fifty thousand now. I am a little more aggressive with insurance companies than usual. This is simply because of personal experiences with them.

Of course make sure you are not suing a rock as you may only be getting a judgement initially. As I see it the way insurance companies play it. If there are 6 identical houses on a street. Where 5 are in atrocious condition. Yet you have a totally refurbished example. They will try to give you at best the mean average.

Actually less if they can swing it. If you are stupid enough to be talked into it. The only thing that suprises me is they did not try to call it a fifty/fifty accident. I may be the exception yet at the same time I have only had one claim over the years . I would think of as going smooth.
Reply With Quote
  #13  
Old 04-23-2019, 06:07 PM
Registered User
 
Join Date: Apr 2019
Posts: 83
I was shocked and how rude the adjuster was. That's what started my beef. I was sitting at a stoplight and had been there quite a while before being struck. He implied that I short stopped. I explained to him that we have a state highway patrol that ruled differently and that he was there to settle damages not discuss my driving habits. I was going to file a loss under my full coverage insurance policy,and then found out that I was going to have to be forced to allow repairs going through my policy if State farm so decided. It wrinkled the trunk floor,so I know the car was a tad bit shorter than when it left the factory.you might also want to keep in mind that there are expenses searching for a car. I included those in my claim as well.
Reply With Quote
  #14  
Old 04-23-2019, 06:11 PM
Registered User
 
Join Date: Jan 2012
Posts: 7,534
Quote:
Originally Posted by barry12345 View Post
Yes Sue. If the person at faults insurance cannot leave you in a similar condition to what you where . Sue him.
It looks like the insurance co is assessing the PO as being 50 % at fault. We would need to know the dynamics of the crash as if he is pursing this, he will only get a few $ more in actual money.

Quote:
Then they only want to pay 50%, offering me $1300 for a 1984 300D
This insurance battle comes up time and time again with the attendant whining. If you think a car is worth millions but is worth nothing on the open market, buy " Agreed Value " insurance that covers it to a figure of ones liking. Agreed value is: If the car suffers a loss, your insurance will pay for repairs / or total loss up to the $ you agreed on when buying the policy.

https://www.lelandwest.com/stated-value-vs-agreed-value-classic-car-insurance.cfm

Given Colorado is a self proclaimed sanctuary state, think about what happens when an unregistered vehicle with an uninsured / unlicensed person with no visible assets, permanent address or paperwork hits your car.
Reply With Quote
  #15  
Old 04-23-2019, 06:59 PM
tyl604's Avatar
Registered User
 
Join Date: Feb 2008
Location: Atlanta, GA
Posts: 3,641
Too bad you did not have a dash cam to record what happened.

Reply With Quote
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -4. The time now is 02:35 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2024 Pelican Parts, LLC - Posts may be archived for display on the Peach Parts or Pelican Parts Website -    DMCA Registered Agent Contact Page