Two weeks ago a uninsured man in an escort plowed into my wife's '99 ml320. The escort lost, it's front end was gone. The ML's hatch was smashed but it still opened, and the rear bumper was pushed down and to the left.

The truck spent last week in the best independent body shop in this region having $5200 in body work done.

My Concern:

They were able to bring the bumper support members back into the proper geometry ( they were 70-mm out) but they now have kinks in the frame that can not be removed and my body shop advisor said that they would not have the same structual strength as they did before the crash.

A new frame is $5200 with another $2000 in labor.

The truck has 100,100 miles and is the most base model.
All the normal issues of a '99 model have been repaired.(new transfer case, rings because of early life conventional oil sludging.)

My wife was sold on the car because of its crash ratings to help protect our two young children.

Am I wrong to worry about the kinked Frame?

Should I push my insurance company to total it or push for a new frame or just accept it the way it is?

Any thoughts or advice?

I would push for the total. The safety of the truck has been compromised.

Talked to my wife who has been in the insurance business (in a corporate office) for about 30 years.
She recommends contacting the state insurance commissioner in your state (every state has one she says, it's a gov't office). This won't happen overnight, it'll take a little time, although initially you usually hear back from them right away, there will be forms to file, etc. But just explain the situation and explain your concerns. She says you couldn't really just sell the vehicle without disclosing damage of this type. She thinks it may actually result in the vehicle having a "branded" title, although unsure what type of branding it would be, for example it wasn't actually "totalled" or "salvaged". It will be a touchy problem and what exactly they would do for you she is unsure, the insurance co. won't total it NOW with all this work shoveled into it they paid for.
As for me, the truck did it's job once, I'd hate to see kids in the truck and get another rear-end accident. From any other direction I wouldn't sweat it (well, I mean the truck should be as good as before the accident), but from the rear I'd worry it won't be nearly as good as it was on this accident again.

Gilly

__________________
Click here to see the items I have up for auction at EBay

Click here to see a photo album of my '62 Sprite Project Moneypit (Now Sold)

Gilly:

Thanks for the information.

Allstate is doing the right thing and they agreed to replace the frame.

They agreed it wasn't safe.

Another week and another $5000 (total now exceeds $10,000) for what looked like a small amount of damage.

She says usually with a bent frame they'll just total it. The claims adjuster must have missed it and is more than likely in alot of hot water over this right now. Hope you'll be happy with the results, never seen this done, wonder if you can sneak over to the bodyshop and get some pictures to post?

Gilly

__________________
Click here to see the items I have up for auction at EBay

Click here to see a photo album of my '62 Sprite Project Moneypit (Now Sold)

Talked to the body shop advisor on Friday.

Surprise, Surprise, they have been unable to locate an undamaged $1500 used frame to replace the one that is kinked under my wife's ml. (What made them think that the frame would be clean under another totaled ML is beyond me)

A new frame from the dealer is $5150. Labor to install is $3000. Talked to the adjuster. He is now stuck. He has already authorized and paid for $4000 in work on the truck. (The rear hatch and bumper skin have been through the paint shop and are ready to be installed.)

The adjuster told me the car was not safe with the old frame but if he has to buy a new one from the dealer I believe he will be very close to the tipping point on totaling the car.

The truck is sitting in the body shop up in the air on a rack with the rear axle, exhaust, and spare tire carrier sitting in a pile on the other side of the shop.

I think it needs to be totaled but the adjuster has a problem with the money already paid versus the additional money to buy me out.

The body shop could put it back to gether and it would look as good as new.

I wonder if the insurance company could sell it as a "damaged" car that looks perfect?

Any thoughts on helping my adjuster come to the right solution /-BUYING ME OUT?

If I were in your shoes, I'd be out looking at new Jeep Grand Cherokee's

You can't expect the insurance company to supply you with a new frame on a 100,000 vehicle. Since the ML has a seperate frame, if they can fins a STRAIGHT used frame, i wouldn't worry about it. I would try contacting where ever this frame is coming from and ask them the ol' how/what/why/where about this frame though. If it were crashed and the vehicle totaled, eh.....I don't know about it. The body shop, if they are MB approved, should have the frame measurements to determine if it's straight or not. I'd maybe ask someone higher up at your insurance company if they can review what the heck is going on with this whole deal though, the claims adjuster sounds like a real fruit-loop.

Gilly

__________________
Click here to see the items I have up for auction at EBay

Click here to see a photo album of my '62 Sprite Project Moneypit (Now Sold)