E-Class (W211) 2003-2009

Offsite Airport Parking - EWR - Oops

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Old 07-30-2012, 01:29 PM
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Offsite Airport Parking - EWR - Oops

So, I parked my car at EZWay Parking near Newark Airport during my vacation. When I returned the car had been damaged. The parking attendant took responsibility, but since then EZWay has been a nightmare.

I took the car to a MB certified body shop and received an estimate for $2800 in damage. Tom from EZWay called and said that all body shops are crooks and that the work would have to be done at his body shop. When I refused, he said that I would have to sue in order to get the cost of the repair paid for by them. I made a claim with my insurance company.

The insurance company has already looked at the car and gave me a check (less my deductible). They will contact EZWay and if they are successful will send me my deductible.

John
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Old 07-30-2012, 04:03 PM
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sorry to see this, i also park my car at the Newark airport when we went away few times, but my was OK.
Old 07-30-2012, 05:11 PM
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Too late now but you should not have contacted your insurance company... This may cause you higher premiums in the future + you have to pay the deductible + you might end up with an accident report.

Can you sue them in small claims court stating that you want the car fixed at a Mercedes certified shop to bring the car back to Mercedes specs and not at some place they found where you have no idea what the quality would be. You should sue them for damage total at Mercedes shop + rental car coverage + depreciation of your car due to the bodywork. I'd give them hell. They damaged your car and it is their responsibility. I bet they have insurance.

Wonder what would have happened if you called the police when you saw your damaged car and handled this situation as if someone hit your car and got the police to provide you with their insurance information... Can someone with some legal background chime in to say what would happen if your valet or parking lot person gives you your car with damage they have caused and you call police to report the "accident" and get their insurance information? This way you don't have to worry about the deductible. Last time someone rear ended me, this is what I did... I got their insurance info and worked directly with their insurance company. It worked great as I was not out of pocket a cent.

Last edited by WEBSRFR; 07-30-2012 at 05:17 PM.
Old 07-30-2012, 06:15 PM
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You have no obligation to accept bartered services to compensate you for your damages.

I would have done the same thing--just file a claim on your own insurance and let them go about the work of collecting from the responsible party. I've even done this in the past when I just didn't care for the treatment I received from a responsible party's insurance. You're paying your insurance company for their services. Use them!

Chances are the lot owner already has coverage for this type of loss. It sounds like he is just trying to avoid a claim. Guess what? There's going to be a claim as soon as your insurance company comes calling.
Old 07-30-2012, 06:28 PM
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At one point during the conversation, I told Tim from EZWay parking that I would have the car repaired and then follow his advice and sue him for the cost of the repair. He said that he would force the body shop to show up in court and defend the repair bill against his body shop's estimate and "prove" that my body shop inflated the costs.

I took the easy way out and had my insurance company deal with it. If in the end, I'm stuck with the deductible, I can always sue for that.

As for the depreciation, it will be hard to argue that my 9 year old car with 292,000 miles on it lost value because of this claim. Not impossible, but difficult.

I was very satisfied with my insurance company (High Point/Plymouth Rock) and with the body shop (Caruso's in Plainfield, NJ). Both were professional and responsive.

John
Old 07-30-2012, 06:53 PM
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Glad you got this figured out...

I just can't stand people who don't take responsibility for their actions...
Old 07-30-2012, 06:57 PM
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PS: If you took the repair bill from a certified Mercedes shop to court, I doubt the judge would drag the Mercedes shop people to explain the bill and would likely accept the bill as an official Mercedes bill for the damage... Also if the judge felt that the parking guy was trying to screw you over after damaging your car it might have turned out very badly for the lot operator... Anyway sometimes it is just best to get things back in order and move on with life. Just wish there was some way to make the lot owner pay for the damage + poor attitude.

What would have happened though if you called the police to the lot and reported it as an "accident?" Unless I am mistaken, Police officers can legally work on your behalf to get the insurance information from the offending driver as if someone was neglegent and hit your car.
Old 07-30-2012, 08:28 PM
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I did get the name of the employee who damaged my car along with his contact information. I gave that to the insurance company as well.

At this point in time, I'm happy with the way things have worked out.
Old 07-31-2012, 09:21 AM
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Save stress use your insurance and in your dreams you can expect your deductable to return. BTDT before. I would not expect your ins cost to go up for a non moving incident but if you have a 2nd one anything goes for ins cost.
Old 08-01-2012, 01:15 AM
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I would guess your plates made someone angry....maybe a Yankees fan??
Old 08-01-2012, 08:39 AM
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Small Claims Court

In Jersey, the limit of Small Claims Court is 3K so you are within that limit. It only costs less than $20 fee to file a claim. You can get the form online. I have done it before and got satisfaction from people like EZWay. I understand you had your car repaired. But this would teach the culprit a lesson and get payment from that culprit and pay back the insurance co. It's just a little effort from your side and receive justice you deserved.

Last edited by Flash Gordon; 08-01-2012 at 08:45 AM.
Old 08-01-2012, 08:52 AM
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At this point, I'm going to give my insurance company a chance to collect. if they are unable to reimburse me for my deductible, I may sue in small claims court. I haven't decided.

I did get a call from the employee who damaged my car. He apologized again. I told him that because of his honesty, I would not go after him personally for the deductible, only the company.

The car is scheduled to be repaired next week (August 9th).

JK
Old 08-01-2012, 01:27 PM
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Originally Posted by jbec.keane
At one point during the conversation, I told Tim from EZWay parking that I would have the car repaired and then follow his advice and sue him for the cost of the repair. He said that he would force the body shop to show up in court and defend the repair bill against his body shop's estimate and "prove" that my body shop inflated the costs.

I took the easy way out and had my insurance company deal with it. If in the end, I'm stuck with the deductible, I can always sue for that.

As for the depreciation, it will be hard to argue that my 9 year old car with 292,000 miles on it lost value because of this claim. Not impossible, but difficult.

I was very satisfied with my insurance company (High Point/Plymouth Rock) and with the body shop (Caruso's in Plainfield, NJ). Both were professional and responsive.

John
(Emphasis added)

Wait wait wait... your 2003 E320 has almost 300,000 miles on it??!!
Old 08-01-2012, 02:01 PM
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Originally Posted by irondad
(Emphasis added)

Wait wait wait... your 2003 E320 has almost 300,000 miles on it??!!
Yes.

I am starting to think about replacing it. Looking at a 2013 Bluetec.

JK

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