Need insurance advice - PeachParts Mercedes-Benz Forum

haasman · #1 07-26-2007, 07:40 PM

It has been so long since I filed an insurance claim, I thought it best to get some member's advice. I live in California. I have progressive-

My daughter was in an accident with our sweet 93 190e 2.6.

Here is her description of the event:

"I was driving down Alma towards the beach; I approached a stop sign and stopped. Then I proceeded through the intersection. A block later at the next intersection, I did not have a stop sign and therefore had the right of way. As I was pulling into the intersection, a silver van pulled out in front of me. It seemed like he noticed me as soon as he was in the intersection, possibly faltered/slowed down (already in the intersection), at which point I ran into him. I had no time to slow down, jam on the breaks harder, or veer away. My car hit his van on the left side, in what seemed like a head on collision. I think I ran into the left rear tire as well. There was very little damage on his van compared to the 190. The driver of the van had a stop sign. There was a large truck blocking his view of oncoming traffic from my direction."

I had it towed to an MBZ authorized repair facility. They say the front end is bent and it will cost $7,000 to repair!

I will validate the damage tomorrw. What are your recommendations for approaching the owner. I spoke with on the phone just now, he does not know the damage estimate. He says call my insurance company. He doesn't think he has any liability at all.....

Haasman

Jim B. · #2 07-26-2007, 08:03 PM

Quote:

Originally Posted by haasman

It has been so long since I filed an insurance claim, I thought it best to get some member's advice. I live in California. I have progressive-

My daughter was in an accident with our sweet 93 190e 2.6.

Here is her description of the event:

"I was driving down Alma towards the beach; I approached a stop sign and stopped. Then I proceeded through the intersection. A block later at the next intersection, I did not have a stop sign and therefore had the right of way. As I was pulling into the intersection, a silver van pulled out in front of me. It seemed like he noticed me as soon as he was in the intersection, possibly faltered/slowed down (already in the intersection), at which point I ran into him. I had no time to slow down, jam on the breaks harder, or veer away. My car hit his van on the left side, in what seemed like a head on collision. I think I ran into the left rear tire as well. There was very little damage on his van compared to the 190. The driver of the van had a stop sign. There was a large truck blocking his view of oncoming traffic from my direction."

I had it towed to an MBZ authorized repair facility. They say the front end is bent and it will cost $7,000 to repair!

I will validate the damage tomorrw. What are your recommendations for approaching the owner. I spoke with on the phone just now, he does not know the damage estimate. He says call my insurance company. He doesn't think he has any liability at all.....

Haasman

The first rule would be NO MORE telephone calls to the adverse party!

Any statement you could make might be used against you as an admission of liability. Especially if he is going to try and claim BI. He is already claiming non responsibility, which means he will try and put it on YOU.

Since there is no Alma Avenue in San Francisco near Ocean Beach, I'm assuming this happened down the peninsula someplace. You can have the car fixed anyplace you want. Though you might have to pay for a second tow if the car isn't driveable.

I don't live in the city anymore, for about 3 years now, but if the car is to be fixed, I heartily recommend Eurodesign, in South SF on San Mateo Avenue.
Rich Martinez is the owner, and he is a perfectionist, and gets all the high end Lamborghini, BMW, Ferrari, Mercedes cars with fussy owners. I have had two cars fixed ther (MB and Volvo) and couldn't be happier.

1168 San Mateo, South City. (650)588-1440

But, if it has $7,000 damage, and the front end is really tweaked, it might be a total loss, or so close it is not worth fixing. Those can be diabolically hard to get right and track straight, so I would at least think about getting comps and preparing to haggle over a "total loss valuation" with your insurance company.

Only a guess as to liability: In California you got to yield to the car on the right, which daughter did not do, but she claims there was no stop sign for her and she had the right of way. Don't know, maybe she was contrib, maybe it depends on who had posession ofthe intersection.

I am supposing there wasnot a Police Report done on the scene (if so, get one) and no witnesses.

Probably you will be letting theInsurance carriers duke it out.

If it is determined the car is a total, the insurance will want to settle with you quick, as they hate paying storage charges on these.

When haggling over price of your settlement, remember it is better to start out a real hard nose and then let up a little as you go along, than to try and be a nice guy and then get tougher as things progress.

That could apply to MANY situations, but a body shop guy, who haggles with Insurance companies all the time, told me that a long time ago in SF and I never forgot.

A264172 · #3 07-26-2007, 08:03 PM

Quote:

Originally Posted by haasman

It has been so long since I filed an insurance claim, I thought it best to get some member's advice. I live in California. I have progressive-

My daughter was in an accident with our sweet 93 190e 2.6.

Here is her description of the event:

"I was driving down Alma towards the beach; I approached a stop sign and stopped. Then I proceeded through the intersection. A block later at the next intersection, I did not have a stop sign and therefore had the right of way. As I was pulling into the intersection, a silver van pulled out in front of me. It seemed like he noticed me as soon as he was in the intersection, possibly faltered/slowed down (already in the intersection), at which point I ran into him. I had no time to slow down, jam on the breaks harder, or veer away. My car hit his van on the left side, in what seemed like a head on collision. I think I ran into the left rear tire as well. There was very little damage on his van compared to the 190. The driver of the van had a stop sign. There was a large truck blocking his view of oncoming traffic from my direction."

I had it towed to an MBZ authorized repair facility. They say the front end is bent and it will cost $7,000 to repair!

I will validate the damage tomorrw. What are your recommendations for approaching the owner. I spoke with on the phone just now, he does not know the damage estimate. He says call my insurance company. He doesn't think he has any liability at all.....

Haasman

Call your insurance company. Give them the full story and they will handle the liability determination. The insurance company of the other guy will probably want to total it and you may have to fight them to get even a good part of the $7,000.

dynalow · #4 07-26-2007, 10:59 PM

In 2001, my then 17 yr old daughter totaled my 1991 190E 2.6. It was pretty clean and in excellent condition. 144,000 on the odo. She t-boned a little Mitsubishi and smacked in the front end pretty good.

My insurance company totaled it for 7,500. Net to me after deductable was 7,000. At the time, I considered the settlement pretty fair based on the research I did on my own. They will likely focus on comp. sales in your area and make you an offer. So, if the typical 190e 2.6 is selling for more than 7k in your area, they will fix it. If not........

And I agree. Stop talking to the other guy. That's what the insurance companies are for. Call them immediately, if you have not done so yet.
Good luck.

tankdriver · #5 07-26-2007, 11:24 PM

If the cops weren't called, and possibly more importantly, no witnesses (esp. on his side of the road as evidence of his failure to stop) then most likely your insurance will pay for your damage, and his for his damage. I agree with the others, call your insurance co. to talk to his.

For general reference, always get a witness from the other guy's side of the road if possible.

haasman · #6 07-27-2007, 01:01 AM

Wow, thank you all for your replies! You definitely have heartened my gloom.

I should have added that there was a witness who did come forward and gave my daughter his contact numbers.

No, we have not filed a police report, but will. My call to the owner was to simply see if he was reasonable.

I will call the carrier tomorrow and start the process.

Thanks for all your advice and sharing of experience. This forum continues be remarkable group of people.

Haasman

catmandoo62 · #7 07-27-2007, 08:12 AM

i don't know about california but here in iowa you have 72 hours to file an accident report if damages are over 500.also you say the driver of the van had a stop sign,right there says it's his fault.

WINGAS · #8 07-27-2007, 01:16 PM

Get the fuzz in on it, and have them interview the witness.

Had something smilar happen to me except it was the daughter that railed into me. Didnt even look before she pulled out. And\yway GEICO, the cheap bastids that they were were not to going to give me the $500 deductible back. Said, " the nature of the collision was such that it was clearly both parties at fault."

Oh man, I had to put my "NCO talk" and temper on hold and tell tehm very eloquently why they're lucky it was me, alert and in very good shape, as I thought most any other normal human bring would have been in the hospital, and encouraged them to call the eye witness for his spin.

GOt my $500 back after they and my insurance company went to arbitration.

Geico sucks in NY, frankly, being a numbers cruncher, I can see how they are trying to get marketshare, and frankly, I find their practices here in NY offensive.

So be VERY careful what you and she say and give your insurance company everything. Its what they do. You "subjugate" the claim to them, ie., they are your agent in the matter.

Glad to her she's OK, all that matters really.

Jim B. · #9 07-27-2007, 01:21 PM

Quote:

Originally Posted by WINGAS

Get the fuzz in on it, and have them interview the witness.

Had something smilar happen to me except it was the daughter that railed into me. Didnt even look before she pulled out. And\yway GEICO, the cheap bastids that they were were not to going to give me the $500 deductible back. Said, " the nature of the collision was such that it was clearly both parties at fault."

Oh man, I had to put my "NCO talk" and temper on hold and tell tehm very eloquently why they're lucky it was me, alert and in very good shape, as I thought most any other normal human bring would have been in the hospital, and encouraged them to call the eye witness for his spin.

GOt my $500 back after they and my insurance company went to arbitration.

Geico sucks in NY, frankly, being a numbers cruncher, I can see how they are trying to get marketshare, and frankly, I find their practices here in NY offensive.

So be VERY careful what you and she say and give your insurance company everything. Its what they do. You "subjugate" the claim to them, ie., they are your agent in the matter.

Glad to her she's OK, all that matters really.

You mean "subrogate"