C280 Sport

Glad your 2 are safe. That is most important! Also very happy the car did just what it was made to do! Thats a awful shame. I as well swear by MB Safety and was hit in a MB years back. Walked away 100%. Say whatever about MB But I am a customer for life for them and this is a major reason why.

newyorktoLA

There are many reasons why the S class tops the E (the comfort and materials in the S is unparalleled! i love the legroom in the back of the s (i also have the 8 way power adjustable rear seats and side window shades); in comparison, the e has like barely any room), but hey, i own both so i obviously love both. fyi, the s class also has the same active technologies (aka active blind spot assist and active lane keeping assist), not to mention extra tech goodies like color adjustable ambient lighting, more LED modules up front, more massage options, infrared reflecting glass, active body control (option), and of course, standard rear side airbags in comparison to the e. if you've made up your mind, good luck with your next purchase! whatever you choose, it will no doubt be incredibly safe

hyperion667

damnit! why do I want an class now, LOL

K-A

The S is obviously the flagship, but to some it's not really an option. Firstly, it's so gigantic, IMO the drive felt too limousine like, i.e like you need to have people in the back/you're chauffering. 2: It almost drives too "maturely". 3: To some people, the look may be a bit dated compared to the E, which offers a newer form of the design language started by the S (i.e, not entirely different designs, instead the E resembling the W221's design language yet evolving it). Also, the E has many traits of the S, but in a "tighter" or even slightly "sportier" package. I wanted a W221 before my W212, but I went with the E. I also had a W220 and when I got my W211, I preferred it, I guess I'm just an "E Guy". As far as luxury and amenities, of course the S can't (and shouldn't) be touched, but the E is a little more advanced in terms of the structure and bones of which it consists of, from my gatherings.

mbonlineparts

Wow thats crazy, very happy to hear you and your girlfriend are okay!

BenzMan369

I'm so happy you both survived in good shape. Even with the car's wonderful protective measures and the vehicle remaining relatively intact, occupants can still sustain lethal injuries. For example, I've seen ruptured aortas in more than one case involving high impact T-bones.

From your pictures, it appears the car's frame was not even bent or at least not signficantly bent. If that's correct, it's amazing.

Glad you're still with us!

BenzV12

W212 is surely the best looking car for me . I prefer it over any car including S Class . Interior is cool too . I like wood trim around the door panels as well

EmE247

Like everyone else, it is good to hear you are okay.

I actually had a near miss like yours a while back. I'm sitting at a red waiting for it to turn green. Turns green, and I start going forward and I noticed an oncoming car going west - east. If I had not been paying attention and stopped, I would have definitely been t-boned and probably dead.

I also posted a similar post sometime back, thanking MB for saving the lives of me and my family in a different incident about 10 years ago.

https://mbworld.org/forums/e-class-w...our-lives.html

WEBSRFR

So glad to hear you and your girlfriend are okay. Based on crash tests I was a bit concerned about the W211's side impact capability (missed one star in a test...) but your experience demonstrates the car is built properly to keep you safe.

As for the W212 may I suggest that you order exactly the car you want and do European Delivery? It will be a well deserved "Mercedes vacation" for you and your girlfriend + when you pick up your car optioned exactly the way you want you could probably request to shake the hand of one of the engineers who designed the W211 that kept you safe.

Drive safely and take care!

SolidGranite

Great suggestion but the W211 is the only car I had unfortunately. That means I need to get in another car as soon as possible. Currently have a Jeep Patriot as rental for 30 days before I have to pay for it.

listerone

Good to hear that everyone's OK.Safety was a big selling point for me with MB which is,for example,why I insisted on Distronic and the optional airbags.I'd be curious to hear exactly what features your W211 had....Distronic?....Pre-Safe?...extra airbags?

CEB

Obligatory statement - "that'll buff right out."

A few comments of substance.

The other guy's insurance company is obligated to put you into a "equivalent" rental for the duration of the repair or disposition.

In a major accident like this you need to get legal advice now. Before you spend lots of time talking to insurance companies. You will get screwed unless you get legal advice.

You are settling for less now driving an Enterprise loaner Patriot. You'll ultimately settle for less when it comes time to determine a fair price for your 350 and you - or your health insurance - will end up paying medical bills. If you are dealing with your insurance company, then you'll end up paying your deductible and hoping for reimbursement.

Do yourself, your GF and your car a favor and get immediate legal advice - preferrably from one of those shyster lawyers on daytime TV - they'll be thrilled to get a client who has a legitimate case and can form coherent sentences.

reckrab

Absolutely! The insurance company does *not* have your best interest at heart.

BTW, I am not a lawyer, nor have I ever played one on TV.

CEB

Fixed it for you.

I'm not a lawyer either and I didn't even stay in a Holiday Inn Express last night but any accident that totals a car and requires a trip to the hospital requires immediate legal advice.

The insurance company's motto is "we'll give you trade in value of your car" but that doesn't come close to your losses.

WEBSRFR

^^^ What they said. + Never sign anything that disclaims future responsibility for anything that might develop physically as a result of this accident in the future... i.e. you get back or neck pains 6 months from now...

I think you should spec out an E550 just the way you want and have them pay for it AND cover your rental car (similar to E550 or at least E350) cost until you get the car you ordered. Some MB dealerships actually rent out MB cars... You never entered into a contract with them that if their idiot driver totals your car that you will only accept 30 days of rental car coverage. They should cover for your transportation until you are able to find exactly the car with the exact options you want to replace the car their driver destroyed. This is before any considerations for pain, suffering, trauma, etc., from the accident.

I was rear ended once and the insurance company tried to put me in a tiny little compact when I was very fair and just wanted them to pay to fix my car and not even deal with my back pains. I was so annoyed that I told them unless they put me in a comparable car they can continue this discussion with an attorney and they obliged.

If the insurance companies get burned enough letting 16 year old kids be insured to drive land yachts maybe they'll only insure them driving smaller cars until they figure out what they are doing...

CEB

The thirty day rental comes from his insurance company - which was his first mistake.

Since the fault appears to have been the other driver's, the OP should have filed his claim with the responsible party's insurance and not his own. He should have advised them of the accident and referred any questions to his lawyer.

The OP's health insurance company can actually recover any costs from the OP who would then need to sue the responsible insurance company.

Whenever there is an injury or a total loss, the first step must be to get legal advice

konigstiger

listerone

Nope,where injuries occur the first step is medical advice.*Then* contact a lawyer.

captj3

This is usually done while the ambulance is taking you the hospital. Sad but true.

CEB

Actually, the first step is to have someone call for an ambulance, cops, secure the scene to prevent further injury and so forth - but you knew that.

The goal of your insurance company is to pay out as little of their own money as possible. It is OK if you pay your deductible and if it is too much trouble to recover that from the other insurance company then that is OK too - as long as they aren't paying all is fine. Their next interest is to not take the other insurance company to the cleaners. Whatever you'll settle for is good enough for them. If your satisfied with a Jeep Patriot then they are fine with that. If you're OK with paying for it on day 31 then that's great. It is easier for them to convince you that trade-in, average condition is all you'll get rather than fight the other company for a fair value. Insurance companies know the rules and what they can get away with - you dont.

listerone

I worked for years in the ER of a large hospital.On several occasions that I witnessed we had incidents where representatives of ambulance chasing lawyers were giving out business cards in the waiting room.Dealing with them was a surprisingly sticky situation.

CEB

The problem with ambulance chasers is that they too, are the scum of the earth and will take ny case - merit or no merit is immaterial.

In this case, it appears that the OP needs legal advice to protect his interests. I hope that the fact that the OP hasn't been here in a while means that he has spoken with a lawyer.

WEBSRFR

Also while we are on the topic if another driver who is at fault hits you, I think it is better to always get the other driver's insurance information and deal directly with the other person's insurance company. I feel you can demand and likely get more this way to make you whole (make sure you are put back in a similar car with a similar car to drive in the meantime...) as you always have the option of unleashing an attorney at them if they are not being fair. When it is your own insurance company they can always say that certain provisions like rental car period was agreed by you when you accepted their policy and when you deal with the other person's insurance company you have no such agreement with them...

Having said all this I think the most important thing is that the OP and his GF are safe and healthy. Everything else is material and can be replaced and in the grand scheme of things is not a big deal. I think this discussion is about how to make sure the OP is treated fairly and made whole.

I know that god forbid I am in an accident and my E550 is totaled there is no way I will just accept the KBB value for the car as I'd want a car with the same color combination and the same options... (It took me MONTHS to find a E550 with silver exterior, light interior, P2, Pano, no low profile "lily tires," etc.,) Does anyone know if there is a legal argument for this? Basically I don't want a check but I'd want "may car" back...

CEB

Absolutely correct.

Going with your insurance company binds you to their agreement with them. You have no agreement with the other party so the rules of fairness apply. If you wrap your car around a tree then your insurance company can give you KBB. If somebody else hits you then they need to make you whole - put you into an equivalent car.

SolidGranite

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.