Hello guys,

my car was rear ended at full speed while I was staying still at the red light. The insurance company was willing to take care of repairs estimated at $7,200. However, after they found some frame damage at the shop, the estimate jumped to $10,500 and insurance co wants to total my car.

Being that I still owe $10,200 to the bank and my car has a BB value of $7,000, I am not sure what to do.

My dilemma is this:

Do I find another shop that probably will have a lower estimate than the insurance's shop and fix the vehicle, or do I just get rid of it?

It is a '01 CLK 320 with 93,000 miles in needs of new motor mounts and rear engine seal as well.

below are the pictures of frame damage:

I don't know the condition of your car but if the insurance company was willing to pay you that $7,200 to make the repair after their initial inspection, then they must be valueing your car at more than the $7,000 that you have found yourself in the Blue Book. How much are they willing to give you if they total it? My guess is that they will give you an amount that will be more than the amount that you would've been able to sell your car for "pre accident". Taking into consideration the year, the mileage and previous need of repair that you stated, I would not recommend using the money to repair the car, nor would I recomend totaling the car and buying it back from them and repairing it. What I would suggest is that you let them total the car, pay off your loan and use the extra for another car. Like I said, I don't know the condition of your car or how bad the damage is but from the information you have given, that would be my suggestion. Now, on the other hand, if you can find somebody to do the repair (hopefully a good repair) for a few thousand dollars, well then, that is another story. I'ts not an easy call to make without all of the variables so this is just my opinion.

thanks for replying.

I was told that they would determine the value of the vehicle and then send a check to the lean holder (bank), but because I owe more than the estimate, I doubt there will be any extra money left for another car.

I was actually thinking the same as you suggested.

here are some pics of the outside damages after the accident:

So I guess you're going to have to wait till you get the figures on how much they value your car at before you can really make the right decision. In general, unless they have some expensive modifications to their car, most people make out pretty good in regards to the amount they get when their vehicle gets totaled. If they total the car and you buy it back and fix it, you'll then have to take into account the fact that you will now have a salvage title, which will seriously hurt the resale value of the car. If you plan on keeping the car for a long time, then that doesn't really matter. Just another thing to take into consideration.

Obviously, there's going to be more damage than can be seen in the pictures but your damage really doesn't look to be too bad at all. Get a few estimates before you decide on what to do. Even if it's not driveable it may be worth it for you to rent a U-Haul with a dolly and tow it around to a few shops to get some estimates. There can be a huge difference in price (as well as quality of work) between body shops.

Remember as well, the initial estimate that the insurance company gave you is just that, an initial estimate and can be debated and adjusted after work begins and more damage is discovered. If you do decide to have the car repaired, make sure that the check is made out and sent to you. The amount of the check is your business and doesn't have to be discussed with whatever shop you use to do the repair.

Ever state has different laws and everyone's situation is different.

First of all, I just looked at the value of my 2001 CLK320 cabriolet w/ winter package, xenon lights, rain sensitive wipers etc., in pristine condition with 65K miles, and was shocked.

From KKB/Edmunds, a sale by private owner is $9/10K (trade in value even less). FWIW, my friends 2001 BMW 325 cabriolet is valued the same, even though the MSRP was $15K less.

In the case of an accident where another party is at fault, in most states, their insurance company that has to make you whole (e.g. they are usually quite accommodating to close off possible personal injuries, legal expenses etc.). Your carrier steps in to expedite, for convenience and peruses a claim and reimbursement against the other carrier (and pocket the difference).

If it were me, I would look to:

1. Using the insurance monies to pay off the debt.
2. Then, continuing to drive the car, free and clear, as is.
3. Or then. sell as a fixer upper, using proceeds as down payment on new wheels.

Lastly, something tells me to avoid totaling the car (i.e. salvage title at) this time.

That's definitely a good idea too.

Those are some very good ideas. I actually drove my car to the body shop which is not even a mile away from my house and, in my humble non-expert opinion, it seems fully drivable. I have been told that it might never drive the same way because of the noted frame damage but I haven't noticed any difference, yet... How safe is it to drive with damaged frame?

Also, the estimated labor cost is $4,200 for 95 hours required for repairs. Is this too much?

Are you sure that you don't have some neck and back problems resulting from the violent accident?

No I do not have any injuries thanks to seat belt. The person that hit me was high out of her mind and had no insurance either...