Vik888

So my car was parked in front of my house when a guy who had rented a truck decided to pull in front of it. The rear right of the truck scraped the right front of my brand spank'n new E550 and ripped off the bumper, fog lamps, etc. One wheel is very heavily damaged, and the other is scraped.

It looks HORRIBLE. Estimates are in the $7k-$10k range for the damage alone.

Well, the original plan was that his insurance would pay for the damages, the rental and I was going to negotiate payment for depreciation of the car due to the accident. My car doesn't even have plates yet. It has under 3000 miles on it.

Turns out his insurance covers rental of cars only.

My insurance will of course pay for the damage and get me my car back, but I've never been in this situation before dealing with an uninsured motorist.

My insurance company will of course go after him for the repairs, but of course that means I have to go after him for the rental and depreciation of the vehicle.

Is it reasonable for me to expect payment for depreciation of the car and rental?

Looking for advice for those that have been down this route before. I've never had to sue anyone before over a car accident.

Lastly, there was a police report about the incident.

Thanks in advance.

Krytech

Man, sorry to hear that! I think you can attempt to go after him for rental, but if he has nothing (uninsured) then that may not work out. Regarding the depreciation, if the insurance company isn't totaling the car, then I guess I'm confused as to the depreciation issue. I take it you don't have gap insurance either from the lender (assuming you have a loan on it) or your ins. co.?

The morbid side of me wants to ask if you have any pictures of it?

Good luck to you, hope this works out ok!

Vik888

Well, the depreciation issue is basically me wanting to get reimbursed for a car thats probably worth 10% less compared to a comparable car that hasn't been in an accident if I were to sell it.

I do have pictures of it. I'm going to wait and see how things play out before I post them in public, but I will post them eventually.

Kimber

A royal pain the A--, I understand that the depreciation is hard to get, but with Carfax it may be easier to substantiate.

You will probably have to sue him, see if he has a home owners or business policy I would name the rental company no matter what they say and also throw in a few John Does just in case another responsible party is found, like if he was working for someone else, like I said a real pain,

If they do not have anything to get from all you will get is an ulcer. Have a drink, get a massage and wait for the frustration to go away.

The first time I sued someone in small claims court the Judge said you may get nothing but the Judgement, most of the time he was right.

Scambo

The "depreciation" issue is called "Diminished Value" in the industry, and yes, he should be liable for that as well.

TPAbnz

The vehicle owner (rental company) is liable too and has insurance. Good luck.

Vik888

Turns out Calif has a law that protects rental companies.

SmashF15C

What were the circumstances, for our learning purposes - i.e. any way to avoid in the future? Strange road setup, driveway entry, etc?

Thanks,

Smash

rkao

Well, at least you can blame the other party...

My wife rear ended a Honda CRV almost two weeks ago in my 4 months old E63 with 2,100 miles on the odometer - did not hit hard enough to set up the airbags but did nail the rear door mounted spare almost square on with the grill and consequently moved the radiator and buckled the hood. Repair cost to be north of $9,000.

Dealer's bodyshop has it now and I won't get it back until at least 2 January, so basically a month out of commission while I'm still making the lease payment, plus I won't get to enjoy it during my holidays next week!

Krytech

Ok, I'm with ya now. I was stuck in the mind set of gap insurance for when you total your new car and owe more than it's worth... My bad.

I agree you should be fairly compensated for the loss in value compared to an accident free car.

Again, best of luck to you!

Vik888

Well, my car was parked outside the house. Its usually in the garage.

Some guy comes to the door and asked me if I owne the black Benz outside. He tells me he hit it. Sounds minor .. I figure, its a residential area.

Well, he had rented a truck, and in the process of trying to pull in front of my car to deliver to the guy next to me (who happens to be his brother, my neighbor) the rear right side of his truck hits the left front side of my car and pulls the bumper off in the process.

Btw, I remember locking the car, yet the alarm didn't go off. Kind of odd.

benze550

sue that m0ther****er!

Dema

How many months in jail he can get?

Vik888

This is a serious response? Jail for what?