E-Class (W211) 2003-2009

Diminished Value claim..

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Old Sep 25, 2006 | 06:23 PM
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'05 E320 CDI, '08 BMW X5 4.8i, '11 Duramax 2500HD
Diminished Value claim..

So a lady backs into my otherwise mint car last week, and I took it in for an estimate to repair, but was sad to find out that they cannot replicate the Mercedes Clear coat (Nano-paint) at this body shop (which is the only only one in Phoenix able to do MB's).

In the end, I'll probably end up with a repainted right fender, bumper, and maybe hood.. I'm hopping to avoid doing the hood, but we'll see.

Do I have a good case for a "diminished value" claim? After all, it can never be made like it was, and anyone with a reasonable interest in MB (such as one of us) will know that the Nano wasn't used..

Your thoughts, advice, ideas?
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Old Sep 25, 2006 | 06:45 PM
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I live in TX and it maybe different for each state, but I recently got a check for 4.5% of the appraised value to compensate for the diminished value. There is a guy here in Houston that does that for a living, and he did everything for me. He charged me $300, which I thought is ok. You don't have to have someone do the paper work for you, but you do have to hire an independent appraiser. The insurance company will make you sign some paper that the amount they pay you is FINAL, and you cannot hold them or they client for anything else.
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Old Sep 25, 2006 | 06:56 PM
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Thanks, I got the number for a guy that charges $335.. to do that.

Maybe this is the best course. I had hopped that I could do it directly with the Insurance company, especially since I'm also a client on my end.
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Old Sep 25, 2006 | 06:59 PM
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I would suggest you negotiate with the Insurance company first. If they do not seem responsive, then go the other route. It all has to do with how patient you are. You definitely have a "case", but not just for the nano paint. No wrecked car is worth as much simply due to CARFAX.
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Old Sep 25, 2006 | 07:20 PM
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Check your state's laws and/or with the insurance commissioner prior to paying someone else.
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Old Sep 25, 2006 | 08:04 PM
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Same thing just happened to me, got backed into. Their insurance adjuster gave me a check today and the estimate did not include a new door although the door is dented pretty good and buckled in 2 spots. He says it can be repaired, I want a new door, MB agrees on new door. I also have damage on rear qtr panel, rear bumper strips, rear tailight and trunk in addition to the passenger rear door. The car goes to MB in the morning and they are going to help lobby my case for a new door. I asked about DV, he said after the car is fixed, then I can file a DV claim, it's completely seperate. 4.5% of value is not bad, I read claims of up to 10% of NADA. MB disagreed with that for DV when I spoke with them this AM. Anything for DV would be good, I know I have suffered a loss. PM me the contact in Houston please, I'm in Dallas but maybe he can get me in contact with someone local.
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Old Sep 25, 2006 | 10:43 PM
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Sam, Sorry to hear about the damage to your ride.... I have no advise for you but keep us posted on what you learn.
Man, I bet you wanted to strangle that lady...
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Old Sep 25, 2006 | 11:49 PM
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Take a lok at the discussion in this thread on a loss of value claim: https://mbworld.org/forums/showthrea...nada+insurance

Lou

Last edited by LNL; Sep 25, 2006 at 11:52 PM.
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Old Sep 26, 2006 | 01:45 AM
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Originally Posted by CE750
So a lady backs into my otherwise mint car last week, and I took it in for an estimate to repair, but was sad to find out that they cannot replicate the Mercedes Clear coat (Nano-paint) at this body shop (which is the only only one in Phoenix able to do MB's).

In the end, I'll probably end up with a repainted right fender, bumper, and maybe hood.. I'm hopping to avoid doing the hood, but we'll see.

Do I have a good case for a "diminished value" claim? After all, it can never be made like it was, and anyone with a reasonable interest in MB (such as one of us) will know that the Nano wasn't used..

Your thoughts, advice, ideas?
Did you take it to the dealer? If not I suggest going to phoenix motor company. I go to them when I have major issues or need things worked out.
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Old Sep 26, 2006 | 08:50 AM
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I would consider taking it to a location that could do the work. If they are telling you they can't match the existing paint how would you know their work was ok after completion. Their out could be,, we told you we could not duplicate..

So my reco is to find another city/shop. Good luck.. vettdvr
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Old Sep 26, 2006 | 10:33 AM
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vettdvr, it's no the location that's at fault. Raintree Auto as on of two MB Authorized body shops and they do top notch work, and furthermore, as I'm very picky, they're giving me their best body man... it's the fact that Nano-Paint is IMPOSSIBLE to do in the USA, period.. no matter which body shop I go to.

Now to make matters worse, the Adjuster wants them to "polish out" the scratch on the head light lens, rather than replace the headlight assembly...

Does anyone know if there is some sort of coating on the headlight lens that may be compromised if this is done? I seem to recall that those lenses are coated with something? (this may merit it's own thread).

Your right HOH, this sux!
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Old Sep 26, 2006 | 01:56 PM
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Originally Posted by CE750
Do I have a good case for a "diminished value" claim? Your thoughts, advice, ideas?
Sam, check your email.
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Old Sep 26, 2006 | 06:27 PM
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Thanks Dan..

What a nightmare this has become..


MBUSA (Neil) is telling me that IT IS POSSIBLE to do Nanopaint at the body shop here in the US.. BUT BOTH of the body shops said it wasn't ..

Making it more complicated... Neil called me and left a VM saying that he talked to the Body Shop and that they told him that they were going to do a man applied version rather than the robot applied version from the factory..

I don't know what to think anymore...
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Old Sep 26, 2006 | 06:48 PM
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Originally Posted by CE750
Neil called me and left a VM saying that he talked to the Body Shop and that they told him that they were going to do a man applied version rather than the robot applied version from the factory..

I don't know what to think anymore...
Sam,
I believe the "nano" clear coat also known as "cerami clear" is made by PPG and is readily available here in the states. Applied by hand or machine shouldn't make a difference. The machine is used for production purposes when appied at the factory. The thing I would be concerned with is the high-temp baking process used for the clearcoat to properly cure. I would imagine they may be able to take components, ie, doors, hood, trunk, apart and bake them properly, but if there is damage to the quarter panel then who knows what they need to or will do.
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Old Sep 26, 2006 | 06:52 PM
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Originally Posted by HELL ONA HARLEY
Sam,
I believe the "nano" clear coat also known as "cerami clear" is made by PPG and is readily available here in the states. Applied by hand or machine shouldn't make a difference. The machine is used for production purposes when appied at the factory. The thing I would be concerned with is the high-temp baking process used for the clearcoat to properly cure. I would imagine they may be able to take components, ie, doors, hood, trunk, apart and bake them properly, but if there is damage to the quarter panel then who knows what they need to or will do.

This is what I had hoped was the case.. as I don't care if a Robot or a kid does it, as long as it's done right.. I figured they could bake the fender without the rest of the car too, but the guy in the body shop made it sound like the whole car had to go in.. the whole thing is odd.. and I'm getting a headache thinking about the amount of inconsistent information on what should be a straight forward matter I am getting!

At some point, you just have to throw your hands up I guess..
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Old Sep 26, 2006 | 08:51 PM
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Originally Posted by CE750
Now to make matters worse, the Adjuster wants them to "polish out" the scratch on the head light lens, rather than replace the headlight assembly...
No way! You should tell this adjuster person that you expect your damaged headlight to be REPLACED. If they polish it out, it might discolor or age differently. Why should this be your problem when they are just trying to save money? If you don't get a satisfactory answer, ask to speak to a supervisor. I had to go that route when someone rear-ended me a while back. Eventually I was able to get EVERYTHING I wanted replaced including a premium-luxury rental (they wanted to give me a sub compact). Basically figure out what is reasonable and what you expect them to do and don't budge They'll take whatever they can -- if you let them!
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Old Sep 26, 2006 | 10:56 PM
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thanks WEBSRFR... it's a bit of a David vs. Goliath, but I'm sticking to my principals.. The worse this is I also am a Farmers Insurance client (along with the lady that hit me)... I have home, auto and Life with them... I may not keep them if this doesn't go the right way.
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Old Sep 26, 2006 | 11:34 PM
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The worse that you are with Farmer's?

Actually, I think that is to your advantage, you make it known to the adjuster that if the claim is not handled to your satisfaction, (new headlight and diminished value)

1)You will transfer YOUR policy elsewhere.
2)You will forward the name of the adjuster and his/her supervisor and department head along with your cancellation to all appropriate management.
3)You will sue the other client and cause her great inconvenience. Remember, they are protecting her, and if they fail at that, she will switch and advise her friends to switch.



What a shame. I recall your posts with pictures of your extensive detail jobs.

I still have not a scratch on my car. I would rather go to the dentist, proctologist, and lose a pile in the stock market all in one day than get my car scratched or dented.

Thank God your quarter panels were not involved.
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Old Sep 27, 2006 | 01:29 PM
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thanks Ken.. that's my secret weapon if this isn't done right.. I'm going to GEICO, State Farm, or whom ever else.. even if I have to pay a buck or two more per month...
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Old Sep 27, 2006 | 02:37 PM
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Originally Posted by CE750
thanks Ken.. that's my secret weapon if this isn't done right.. I'm going to GEICO, State Farm, or whom ever else.. even if I have to pay a buck or two more per month...
In my case I had something else to use... I was in the car when it happened and all I had to do was say "I think my neck hurts from all this discussion" and they got the message and basically fixed everything the way I wanted (as recommended by the body shop) without cutting corners

I think the insurance industry after reaping record profits is trying to get every penny out of you at your expense. Like I said earlier just talk to the body shop people and find out what's best for you car and don't settle for anything less and make them deliver. I think they are used to people who just take whatever they give...

Does anyone know what recourse you have if it comes to a point where the insurance copy insists on cutting corners with a repair? Are they regulated by a state agency? Who oversees this industry?
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Old Sep 27, 2006 | 02:40 PM
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PS: When someone hit me the insurance company was again State Farm and my personal insurance is also with State Farm so it was a similar situation. It was unbelievable! I had to get a supervisor on the line to finally get them to do their job. Maybe the adjusters get a certain bonus if they write claims below a certain threshold.
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