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Accident… again

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Old Sep 24, 2020 | 03:14 AM
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Accident… again

Hi,

Had my 2014 E350 for a little over a year now, and just got into it’s first fender bender. While i was backing up, the other driver was on his phone and wasn’t paying attention and hit me in the corner. I believe we’re going to settle this privately. But i’ve gotten an estimate of $3-4000 CAD for the damage.

He in person admitted fault and have 2 witnesses who witnessed what he has said. I have though started a claim through insurance, but given the complexity of the incident, I do not want to end up being at fault for an incident that I did not cause. I backed up extremely slowly, and looked in my mirrors as this guy came into the lot. it’s annoying and frustrating given it happened on private property.

Going to need a new bumper, vent cap, lower plastic diffuser and chrome piece, parking sensor and possibly reenforcement.


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Old Sep 24, 2020 | 08:17 AM
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Ouch. These accidents are mitigated by cross traffic and automatic braking systems. I highly recommend this option in future vehicles. It has saved my *** countless times. Just go through insurance and without a police report( which you could have gotten, even on private property), you are on your own. Indeed, that is an expensive hit.
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Old Sep 24, 2020 | 12:59 PM
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Originally Posted by KEY08
Ouch. These accidents are mitigated by cross traffic and automatic braking systems. I highly recommend this option in future vehicles. It has saved my *** countless times. Just go through insurance and without a police report( which you could have gotten, even on private property), you are on your own. Indeed, that is an expensive hit.
Cross traffic and automatic braking won't stop someone else from hitting you....like in this case. I do agree, go through insurance. I'm not seeing the "again" though.

Last edited by Fliplegend; Sep 24, 2020 at 01:02 PM.
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Old Sep 24, 2020 | 01:21 PM
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This place is a joke.
I just went through this. I learned a lot about parking lot liability. Your laws may differ, but be warned since you were in motion as well as the other driver, and based on the location of the damage the ins. co. may assign fault to both drivers and split the claim 50/50 or 60/40 etc. In my case, my damage was on the side of my ML and the other driver on the corner bumper just like yours. Even then, his company wanted 40/60 but luckily I was able to get the security camera video which showed me postioned 100% in the lane of travel (I was 1 second away from engaging drive) as well as the fact that I began backing out first. His company finally accepted 100%.

Last edited by E55Greasemonkey; Feb 15, 2021 at 09:35 PM.
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Old Sep 24, 2020 | 01:25 PM
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This place is a joke.
After re-reading your post, you were backing out and the other driver was moving forward? It sounds like he had the right of way, and you may be found at fault. Again, your laws may be different, and I'm not a lawyer.
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Old Sep 24, 2020 | 01:32 PM
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Originally Posted by Fliplegend
Cross traffic and automatic braking won't stop someone else from hitting you....like in this case. I do agree, go through insurance. I'm not seeing the "again" though.
Completely disagree with this. If it keeps your car from poking out into cross aisle traffic, you avoid getting hit. simple logic
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Old Sep 24, 2020 | 02:12 PM
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Originally Posted by KEY08
Completely disagree with this. If it keeps your car from poking out into cross aisle traffic, you avoid getting hit. simple logic
I'll somewhat agree but i'd say you "lower your chances of getting hit vs avoiding it." You are also assuming the other drivers are paying attention and not on their cell phone.
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Old Sep 26, 2020 | 01:26 AM
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will update once everything is finalized
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Old Sep 30, 2020 | 03:54 AM
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My insurance adjuster called me and declared that I”’ not at fault! Thanks to the witness statement provided. Without it, I would’ve been deemed at fault.

My insurance company wants to use a “remanufactured bumper” and i’m personally concerned with “how it will look”? maybe it’s not a big deal, maybe it is, but it’s just something that bothers me a bit.

My bumper also came into contact with the taillight as well and there is a small mark on it. My appraiser “claims” that it can be buffed out, which is something i totally disagree with. Not too sure why my insurance is being so cheap with the repairs when the other insurance company is paying for it.
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Old Sep 30, 2020 | 08:12 AM
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Your insurance adjusters claim of you being innocent and insistence on a cheap fix are not in sync. Something is fishy.
Typically you would be dealing directly with the other insurer if you had a police report showing you to be not at fault. You would not even be speaking with your agent unless the other party avoided your calls.
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Old Sep 30, 2020 | 08:22 AM
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Originally Posted by KEY08
Your insurance adjusters claim of you being innocent and insistence on a cheap fix are not in sync. Something is fishy.
Typically you would be dealing directly with the other insurer if you had a police report showing you to be not at fault. You would not even be speaking with your agent unless the other party avoided your calls.
Exactly. Definitely something fishy. If anything your insurance company should be asking you what YOU want so they can go after the other guy's insurance to ensure you get it.
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Old Sep 30, 2020 | 12:16 PM
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Since the other party is at fault, insist on genuine OEM Mercedes parts. No time to cheap out now. Return it to the original condition, not to 'good enough' condition.
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Old Sep 30, 2020 | 02:23 PM
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Originally Posted by ml3504matic____
My insurance adjuster called me and declared that I”’ not at fault! Thanks to the witness statement provided. Without it, I would’ve been deemed at fault.

My insurance company wants to use a “remanufactured bumper” and i’m personally concerned with “how it will look”? maybe it’s not a big deal, maybe it is, but it’s just something that bothers me a bit.

My bumper also came into contact with the taillight as well and there is a small mark on it. My appraiser “claims” that it can be buffed out, which is something i totally disagree with. Not too sure why my insurance is being so cheap with the repairs when the other insurance company is paying for it.
I have yet to have any issues with remanufactured bumpers (I manage automotive repair shops) on all the years i've been dealing with insurance companies 10+ years.

Originally Posted by Sunnyslope48
Since the other party is at fault, insist on genuine OEM Mercedes parts. No time to cheap out now. Return it to the original condition, not to 'good enough' condition.
That's not how insurance companies work unfortunately. The only way an insurance company would use OEM parts is if he goes with his own insurance and he has to have OE coverage on his policy. He would have to pay the deductible upfront but he can get that reimburse when the repairs are done since the other insurance took liability.
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Old Oct 1, 2020 | 11:14 AM
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Originally Posted by Red-Town
That's not how insurance companies work unfortunately. The only way an insurance company would use OEM parts is if he goes with his own insurance and he has to have OE coverage on his policy. He would have to pay the deductible upfront but he can get that reimburse when the repairs are done since the other insurance took liability.
There is no requirement that you do what the insurance company wants you to do. Insurance is there to reimburse the policy holder for his loss and if his loss is OEM parts, so be it. The reimbursement to the policy holder is between the insurance company and the policy holder, not the injured party.
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Old Oct 1, 2020 | 11:24 AM
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i live in ontario, canada. We have something called “No-fault insurance,” where my insurance company forks the bill regardless of fault, and with that, there’s another policy that makes my insurance company to repair it to mint condition. but using “new genuine parts” on a 5-6 year old car puts it into a better position than i had the car before (better then mint). So with that being said, things are a bit complicated. i can pay the difference for a new bumper. but i don’t think it’s necessary worth it $450CAD + tax
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Old Oct 1, 2020 | 12:44 PM
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Originally Posted by Sunnyslope48
There is no requirement that you do what the insurance company wants you to do. Insurance is there to reimburse the policy holder for his loss and if his loss is OEM parts, so be it. The reimbursement to the policy holder is between the insurance company and the policy holder, not the injured party.
Yup and since he is not the policy holder, all insurance companies will either use Aftermarket, used or reconditioned parts. They will never use New OE parts on a repair unless there is OE coverage on the policy.
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Old Oct 6, 2020 | 02:32 AM
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Well, just visited the car yesterday and the remanufactured bumper corners look really bad. Not really sure how to move forward with this now. But the paint is very good.
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Old Oct 6, 2020 | 09:20 AM
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Nah, there’s no problem with remanufactured bumpers. It must be in your mind.
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Old Oct 6, 2020 | 06:38 PM
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Originally Posted by ml3504matic____
Well, just visited the car yesterday and the remanufactured bumper corners look really bad. Not really sure how to move forward with this now. But the paint is very good.
Take photos of it and bring it up with the repair shop, if they refuse to fix the issue, then escalate the issue with your insurance company and get them involved.
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Old Nov 19, 2020 | 04:02 AM
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Update, I’ve been determined to not be at fault. but i am experiencing the new bumper to have some issues as it is noticeable that it has been repaired
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Old Nov 19, 2020 | 01:29 PM
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Refuse the bumper.
I had similar situation with windshield replacement and when negotiations took over a week, I got new MB glass at the end.
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Old Nov 19, 2020 | 06:27 PM
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Originally Posted by kajtek1
Refuse the bumper.
I had similar situation with windshield replacement and when negotiations took over a week, I got new MB glass at the end.
Yeah i brought it up with my M.B. Body Shop, and they also notice the repair, the curvature is slightly different on one side and you can see spiderweb cracks behind the paint. Just dealing with the appraiser now
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