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E400 Station Wagon on Fire

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Old Mar 15, 2023 | 11:44 AM
  #26  
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Old Mar 19, 2023 | 02:46 PM
  #27  
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To add a little bit more drama to this event, yesterday I received a letter from my insurance company communicating the following:
"Our team was unable to recover your deductible and the money paid on your claim from the responsible party (Mercedes Benz of Beaverton or Lithia Motors) and/or their insurance carrier. As a result, we sent your claim to a collection partner to recover this amount. Please know that pursuing the claim through a collection partner may add several months to the recovery process. Although we can’t guarantee recovery of your deductible, we’re making every reasonable effort. We included a list of frequently asked questions for your review."

It's just ridiculous!
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Old Mar 19, 2023 | 02:56 PM
  #28  
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Ridiculous, yes, but at least your insurance company seems to be fighting for you. Your dealer, OTOH, deserved to be pilloried — I'd start with an honest and detailed review on Yelp and other sites.
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Old Mar 19, 2023 | 06:58 PM
  #29  
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Originally Posted by Gortegpdx
To add a little bit more drama to this event, yesterday I received a letter from my insurance company communicating the following:
"Our team was unable to recover your deductible and the money paid on your claim from the responsible party (Mercedes Benz of Beaverton or Lithia Motors) and/or their insurance carrier. As a result, we sent your claim to a collection partner to recover this amount. Please know that pursuing the claim through a collection partner may add several months to the recovery process. Although we can’t guarantee recovery of your deductible, we’re making every reasonable effort. We included a list of frequently asked questions for your review."

It's just ridiculous!
As I read the statement from your insurance company, they are just keeping you abreast of developments in their subrogation action against Mercedes for your claim including the deductible. As you have already been paid by your insurance company under your policy, collecting the deductible would be a "bonus" for you.


I suppose if your insurance company fails to collect the deductible, you could file a claim in small claims court, no attorney needed, against Mercedes Benz of Beaverton or Lithia Motors.

I do not know if the court would allow your claim as it would be limited to the deductible which your insurance contract provided for.

I think the best thing would be to take your insurance proceeds and move on. Any additional work on your part, may not be worth the effort.


Last edited by JTK44; Mar 19, 2023 at 07:01 PM.
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Old Mar 19, 2023 | 08:33 PM
  #30  
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Op, you must be super mellow. This is maddening to me. Insurance didn't give you full proper value and then the Dealer doesn't want to admit liability because then they will think with admission they will also lose in court, thinking most in your shoes are readying a lawsuit. Please get a lawyer involved. I sure someone will do it on a contingency basis.
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Old Mar 19, 2023 | 09:06 PM
  #31  
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Originally Posted by Baltistyle
Op, you must be super mellow. This is maddening to me. Insurance didn't give you full proper value and then the Dealer doesn't want to admit liability because then they will think with admission they will also lose in court, thinking most in your shoes are readying a lawsuit. Please get a lawyer involved. I sure someone will do it on a contingency basis.
Anger never should overcome common sense:

The loss is the car's fair market value, less the deductible. The OP has been paid by in full by his insurance company, pursuant to the terms of his policy.

The OP has no claim. There is nothing to sue for.
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Old Mar 19, 2023 | 09:29 PM
  #32  
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Originally Posted by JTK44
Anger never should overcome common sense:

The loss is the car's fair market value, less the deductible. The OP has been paid by in full by his insurance company, pursuant to the terms of his policy.

The OP has no claim. There is nothing to sue for.
How is it FMV when it could not be replaced for the value of the check (and not talking about difference in deductible which will be recovered at some point)? I’m sure you’re a lawyer or an agent (and maybe you reviewed this for him) but as a customer I know my rights and always had to fight the adjusters for them to be fully expressed according to my normal policies and all the fancy wording. I see this all the time with older landcruisers (the other brand of car I own) or as an example e55’s and their changing values. Everyone that works for a true replacement value always makes out better especially in our current car economy since 2020. That’s common sense to me😉

And btw, we all know a lot happens before suing becomes needed. Just a conversation between parties goes a long way.
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Old Mar 19, 2023 | 10:45 PM
  #33  
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Originally Posted by Baltistyle
How is it FMV when it could not be replaced for the value of the check (and not talking about difference in deductible which will be recovered at some point)? I’m sure you’re a lawyer or an agent (and maybe you reviewed this for him) but as a customer I know my rights and always had to fight the adjusters for them to be fully expressed according to my normal policies and all the fancy wording. I see this all the time with older landcruisers (the other brand of car I own) or as an example e55’s and their changing values. Everyone that works for a true replacement value always makes out better especially in our current car economy since 2020. That’s common sense to me😉

And btw, we all know a lot happens before suing becomes needed. Just a conversation between parties goes a long way.
As to why the insurance company will only pay FMV, read post #11, #12, #13 and #16
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Old Mar 20, 2023 | 06:05 AM
  #34  
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Originally Posted by Gortegpdx
To add a little bit more drama to this event, yesterday I received a letter from my insurance company communicating the following:
"Our team was unable to recover your deductible and the money paid on your claim from the responsible party (Mercedes Benz of Beaverton or Lithia Motors) and/or their insurance carrier. As a result, we sent your claim to a collection partner to recover this amount. Please know that pursuing the claim through a collection partner may add several months to the recovery process. Although we can’t guarantee recovery of your deductible, we’re making every reasonable effort. We included a list of frequently asked questions for your review."

It's just ridiculous!
This just justified why members in here should avoid Mercedes Benz of Beaverton. I hope they fired the mechanic that changed your oil. Overall, the Mercedes dealer experience is not what it used to be and that is across the whole auto industry.
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Old Mar 20, 2023 | 09:18 AM
  #35  
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Many insurance companies offer policy riders that pay replacement cost instead of full market value. There is a huge difference between the two values.
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Old Mar 20, 2023 | 11:23 AM
  #36  
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Originally Posted by ua549
Many insurance companies offer policy riders that pay replacement cost instead of full market value. There is a huge difference between the two values.
Not in NY.

See post #16
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Old Mar 20, 2023 | 02:48 PM
  #37  
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Originally Posted by JTK44
Not in NY.

See post #16
Post #16 is not using replacement cost! That example was for a substantial upgrade. Replacement cost means replacement of the same or similar item. It isn't getting a 2023 E class as a replacement for a totaled 2020 E class. It is for another 2020 E class as the replacement.
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Old Mar 20, 2023 | 03:15 PM
  #38  
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Originally Posted by ua549
Post #16 is not using replacement cost! That example was for a substantial upgrade. Replacement cost means replacement of the same or similar item. It isn't getting a 2023 E class as a replacement for a totaled 2020 E class. It is for another 2020 E class as the replacement.
I fully know the difference between replacement costs and market value.

Suggest you go back and read my post #16. You will realize that except for rare instances, for example collector cars, no insurance policies are written for replacement costs: all are written for market value.
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Old Mar 20, 2023 | 03:54 PM
  #39  
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Originally Posted by JTK44
I fully know the difference between replacement costs and market value.

Suggest you go back and read my post #16. You will realize that except for rare instances, for example collector cars, no insurance policies are written for replacement costs: all are written for market value.
Are you saying that no insurance carriers have ever come up with the idea to charge people a little more but give them a "premium policy" that covers replacement of their vehicle with say,,, "one model year newer"?
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Old Mar 20, 2023 | 04:15 PM
  #40  
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Originally Posted by ddeliber
Are you saying that no insurance carriers have ever come up with the idea to charge people a little more but give them a "premium policy" that covers replacement of their vehicle with say,,, "one model year newer"?
If you go back and read my post #16 you will understand why insurance companies, unless you have a "one of design" or a collectable, (which btw will drastically restrict your driving parameters and mileage), will be insured for market value and not either purchase price or replacement cost.
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Old Mar 20, 2023 | 04:56 PM
  #41  
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Originally Posted by JTK44
If you go back and read my post #16 you will understand why insurance companies, unless you have a "one of design" or a collectable, (which btw will drastically restrict your driving parameters and mileage), will be insured for market value and not either purchase price or replacement cost.
I read your posts and I understand the standard model. I just don't agree with your premise that insurance companies don't offer policies that pay for replacement costs or "more than replacement costs". They do. I've seen the commercials. And you should think, why not? They can easily write a policy that protects them from overblown payouts and they can charge whatever they feel someone would pay for it. It is just some math, a couple actuary tables, and some fancy marketing.

https://www.libertymutual.com/vehicl...ar-replacement
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Old Mar 20, 2023 | 06:48 PM
  #42  
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I remember those commercials. They were a big revenue producer for Liberty Mutual.
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Old Mar 20, 2023 | 09:18 PM
  #43  
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My insurance company pays for a new car replacement if my less than one year old is total.
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Old Apr 5, 2023 | 07:21 AM
  #44  
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My insurance policy, Cincinnati Insurance, is written as a replacement. 2 years ago, I ran over some road debris that destroyed the engine of my 2013 Audi A5 cabriolet, Because of the repair cost of $14,000 Cincinnati totaled out the car. Book value about $18,000 but to buy a comparably equipped 2013 Audi A5 cabriolet was between $21,000 and $26,000 - I settled with Cincinnati for $24,000. Negotiation with Cincinnati was never argumentative, the adjuster was fair and honest, the biggest issue was that there wasn't a comparably equipped Audi A5 within 400 miles from my home, so the adjuster had to get authorization to use "outside" of area comps.
I have had Cincnnati insurance for over 30 years, not the cheapest, not the most expensive, they do not require a repair shop to use non-OEM parts. And I have never had an issue with them, either Homeowners or Auto. Changing insurance companies to save a couple of hundred dollars isn't worth the it.

Last edited by makiii; Apr 5, 2023 at 07:29 AM.
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Old Apr 5, 2023 | 08:34 PM
  #45  
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Whenever I have service done, I check under the hood before I leave the dealership. Driver for this was when I had a 2015 BMW X5 diesel which went in for scheduled maintenance. Part of the service was to refill the urea for the diesel engine. I got home and opened the hood and they had spilt the urea all over the engine and front of the engine bay. I drove it back and had them clean up my engine bay and engine. I said I didn't pay you guys to mess up my car and return it to me in significantly dirtier condition than when I dropped it off. Since then, I always check under the hood before leaving.
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Old Apr 5, 2023 | 09:23 PM
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Originally Posted by PeterUbers
Should you be discussing an ongoing case publicly? How does this benefit you? The insurance lawyers will fight this out on who will make you whole but how does discussing this on a forum and citing the dealers name benefit you or your case? I am glad you and your neighbors are safe, and I sympathize with your situation and understand your frustration.

When something like this happens it doesn't matter brand reputation, this is a fight about liability and lawyers get involved and people are advised by them to stop talking. $0.02
True that, I had a 2000 G500 and had nothing but issues within a 2 year time span. Ended up suing MB under NY lemon law. They ended up setting out of court. The lawyers did request all email address and social media information or forum user names. They will definitely use it against you. Fortunately for me I didn’t say anything regarding it on this very forum I have been using now for over 20 + years


I didn’t give them anything anyway and told them see you in court. I had a stack on service invoices a couple inches thick. I had invoices for $10,000 + sometimes, great thing is, it was under warranty. That was my point to them, I had intended on keeping the vehicle for a while and would no longer keep it and I would definitely be loosing money trading or selling it. Good luck on everything
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