Mercedes Saved My Life
01-22-2012, 10:25 PM
#76
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As my GF and I are now feeling almost 100% with no real injuries I have decided not to go after the at fault driver's insurance company. I have since spoken to a lawyer and according to him I have done everything correctly. I could essentially go after them for pain and suffering which has amounted to in reality about a week. I do not feel comfortable or entitled to a large sum of money. I do feel I have a right to receive fair money for my 2009 E550 which I've been offered 40k for. Pretty fair imo. At this point, I simply want my clothes covered as the ER literally cut them all off my body with a scissors.
My only other concern at this point is what to do about a new car. I'm having some trouble finding what I want for what I can afford. I bought my 2009 E550 for 47k with 2k on the clock which was 21k off sticker. Now that the W212 is out, I cannot get anything remotely close to that sort of savings. We'll see what happens on that front but at the end of the day I feel like as long as I get fair money for my wrecked car and compensated for the clothes etc, then we're all square again.
My only other concern at this point is what to do about a new car. I'm having some trouble finding what I want for what I can afford. I bought my 2009 E550 for 47k with 2k on the clock which was 21k off sticker. Now that the W212 is out, I cannot get anything remotely close to that sort of savings. We'll see what happens on that front but at the end of the day I feel like as long as I get fair money for my wrecked car and compensated for the clothes etc, then we're all square again.
. i know few people would take advantage due to a total. lawsuit all the way.as for a w212 for $21k off sticker, you can definitely find a used 2010 for even more than $21k off but it won't be 2k on the clock for sure.
01-22-2012, 10:38 PM
#77
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1953 300 Adenauer, 1971 300 SEL 6.3, 1975 600, 1978 450 6.9
There is a huge difference between taking advantage of a situation and protecting his rights.
Health issues stemming from a car accident can arise years down the road and "almost 100%" after so much time means that there was some damage. His car was totaled and both sides were crushed.
While that says volumes about the protection the car provide, the OP and his girlfriend were transported to the hospital. Why should the OP's health insurance company incur those (and follow-on) costs based on the actions of another driver?
An ethical lawyer would draw up a document that protect the OP and his girlfriend from future economic losses from this incident. Any lawyer that told him that he was doing the right thing by blindly following what the insurance company offered is a fool.
01-23-2012, 03:21 AM
#79
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I really feel for you. My E550 is pretty much identically equipped to yours. It took me over 8 months to find my car and if you are really particular about the colors and options (as I was), you are going to have a really hard time finding another car like that. Only about 5-10% of the E class cars sold are 550s so when you add a particular color and feature combination they are very difficult to find... This is why I said earlier if someone else's negligence causes my 550 to be totaled I would never accept a KBB check for the car as they'll have to either put me in a similar car of the same model year or give me enough money to buy a newer model year car with the same options and features. If it costs them extra, that is their problem.
This is where making you whole comes in. I don't think the compensation offered by the insurance company is fair to you if you are not able to find a similar car. If I were you, I'd insist them paying for a car with the same features and if they/you can't find one they need to pay (in full, including applicable taxes) for one you can find that is a newer model year.
This is where making you whole comes in. I don't think the compensation offered by the insurance company is fair to you if you are not able to find a similar car. If I were you, I'd insist them paying for a car with the same features and if they/you can't find one they need to pay (in full, including applicable taxes) for one you can find that is a newer model year.
As my GF and I are now feeling almost 100% with no real injuries I have decided not to go after the at fault driver's insurance company. I have since spoken to a lawyer and according to him I have done everything correctly. I could essentially go after them for pain and suffering which has amounted to in reality about a week. I do not feel comfortable or entitled to a large sum of money. I do feel I have a right to receive fair money for my 2009 E550 which I've been offered 40k for. Pretty fair imo. At this point, I simply want my clothes covered as the ER literally cut them all off my body with a scissors.
My only other concern at this point is what to do about a new car. I'm having some trouble finding what I want for what I can afford. I bought my 2009 E550 for 47k with 2k on the clock which was 21k off sticker. Now that the W212 is out, I cannot get anything remotely close to that sort of savings. We'll see what happens on that front but at the end of the day I feel like as long as I get fair money for my wrecked car and compensated for the clothes etc, then we're all square again.
My only other concern at this point is what to do about a new car. I'm having some trouble finding what I want for what I can afford. I bought my 2009 E550 for 47k with 2k on the clock which was 21k off sticker. Now that the W212 is out, I cannot get anything remotely close to that sort of savings. We'll see what happens on that front but at the end of the day I feel like as long as I get fair money for my wrecked car and compensated for the clothes etc, then we're all square again.
01-23-2012, 03:38 AM
#80
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PS: I just did a quick search for 550s and based on what I found it would probably cost you 50-60K to find another E550 with the same colors and features as your car and that is probably what you need to demand from the insurance company.
Not that you are trying to milk the situation necessarily but the 550s are just so rare and within a 250 mile radius of Washington DC for example, I found so few and only a handful or so in each color. I noticed your car had a Sahara Beige interior and I am very particular about NOT wanting a black interior and presently there are NO 550s within 250 miles of DC that are silver and Sahara Beige so it is a rare color combination.
Yes technically $40K should buy you a similar car but if no one is selling one and you need to go to a newer model year buy an year or two to find one and it is not your fault and you should not have to pay for it.
If I were you, this is what I'd demand and if the insurance company is less than helpful, I'll have an attorney deal with them for the car, clothes, and yes pain and suffering. I'd consider what you are going through to find a car part of the "pain" and in this case caused by the insurance company -- and I'd make them pay for it.
Not that you are trying to milk the situation necessarily but the 550s are just so rare and within a 250 mile radius of Washington DC for example, I found so few and only a handful or so in each color. I noticed your car had a Sahara Beige interior and I am very particular about NOT wanting a black interior and presently there are NO 550s within 250 miles of DC that are silver and Sahara Beige so it is a rare color combination.
Yes technically $40K should buy you a similar car but if no one is selling one and you need to go to a newer model year buy an year or two to find one and it is not your fault and you should not have to pay for it.
If I were you, this is what I'd demand and if the insurance company is less than helpful, I'll have an attorney deal with them for the car, clothes, and yes pain and suffering. I'd consider what you are going through to find a car part of the "pain" and in this case caused by the insurance company -- and I'd make them pay for it.
Last edited by WEBSRFR; 01-23-2012 at 03:40 AM.
01-23-2012, 09:27 AM
#82
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1953 300 Adenauer, 1971 300 SEL 6.3, 1975 600, 1978 450 6.9
PS: I just did a quick search for 550s and based on what I found it would probably cost you 50-60K to find another E550 with the same colors and features as your car and that is probably what you need to demand from the insurance company.
Not that you are trying to milk the situation necessarily but the 550s are just so rare and within a 250 mile radius of Washington DC for example, I found so few and only a handful or so in each color. I noticed your car had a Sahara Beige interior and I am very particular about NOT wanting a black interior and presently there are NO 550s within 250 miles of DC that are silver and Sahara Beige so it is a rare color combination.
Yes technically $40K should buy you a similar car but if no one is selling one and you need to go to a newer model year buy an year or two to find one and it is not your fault and you should not have to pay for it.
If I were you, this is what I'd demand and if the insurance company is less than helpful, I'll have an attorney deal with them for the car, clothes, and yes pain and suffering. I'd consider what you are going through to find a car part of the "pain" and in this case caused by the insurance company -- and I'd make them pay for it.
Not that you are trying to milk the situation necessarily but the 550s are just so rare and within a 250 mile radius of Washington DC for example, I found so few and only a handful or so in each color. I noticed your car had a Sahara Beige interior and I am very particular about NOT wanting a black interior and presently there are NO 550s within 250 miles of DC that are silver and Sahara Beige so it is a rare color combination.
Yes technically $40K should buy you a similar car but if no one is selling one and you need to go to a newer model year buy an year or two to find one and it is not your fault and you should not have to pay for it.
If I were you, this is what I'd demand and if the insurance company is less than helpful, I'll have an attorney deal with them for the car, clothes, and yes pain and suffering. I'd consider what you are going through to find a car part of the "pain" and in this case caused by the insurance company -- and I'd make them pay for it.
That number will be the fair market value and I'd then turn around and order a new car with the proper options.
My son was rear-ended on the beltway a few months ago and had back stiffness that was 'almost 100%` gone a week later but reappeared in a few weeks. Health issues cannot be discounted easily and the insurance company will walk all over a gentleman who has to live with the consequences for life.
01-23-2012, 11:35 AM
#83
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2019 CLS450 4 Matic 2011 E550
You need to check the law when it comes to your health in the future. Here in florida there is a 4 yr statue of limitations you have to make a claim. You really need a lawyer. It sounds like you are going to get screwed from the insurance company. I hate the fact that when you get in a accident that the it always costs the person not at fault money. Just like you you can't find another car like your old one. So now you have to settle because you don't have the extra cash right now. That sucks.
01-23-2012, 11:48 AM
#84
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2011 E550 Sedan
Very true, I tried looking for a 550 with silver exterior and light interior. All I could find was Silver exteriors with black interiors. I had to special order my car if I wanted ash interior with iridium silver, which i did.
01-23-2012, 06:52 PM
#85
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Correct - except that I'd not consider KBB To be an appropriate yardstick. The OP should go to a MB dealer and have them find him the exact car with similar mileage and condition. If it requires trucking it in from the other side of the USA then that is part of the cost too.
Good point. Fair market value in this case is not necessarily what the car is "worth" if someone decides to sell it but the cost of replacing/buying a car with similar color, features, and options as the car that was taken away due to someone else's negligence.
01-24-2012, 07:52 AM
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You need to check the law when it comes to your health in the future. Here in florida there is a 4 yr statue of limitations you have to make a claim. You really need a lawyer. It sounds like you are going to get screwed from the insurance company. I hate the fact that when you get in a accident that the it always costs the person not at fault money. Just like you you can't find another car like your old one. So now you have to settle because you don't have the extra cash right now. That sucks.
