Attorney recommendation in SoCal for car accident?
02-01-2008, 06:21 PM
#1
MBWorld Fanatic!
Thread Starter
Attorney recommendation in SoCal for car accident?
My 08 E550 w/ less than 3000 miles on the odo was hit on Dec 14th while it was parked. The damage was $8k to fix.
The guy who hit me was driving a rental truck, and his insurance is just giving me the run around.
I really need to get an attorney involved, but since I've never needed one, I don't know how to find a good one.
If someone can give me advice on finding a good one or refer to me to one, I'd appreciate it.
I'm in Orange County, Calif.
Thanks,
Vik
The guy who hit me was driving a rental truck, and his insurance is just giving me the run around.
I really need to get an attorney involved, but since I've never needed one, I don't know how to find a good one.
If someone can give me advice on finding a good one or refer to me to one, I'd appreciate it.
I'm in Orange County, Calif.
Thanks,
Vik
02-01-2008, 07:00 PM
#2
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Join Date: Oct 2007
Location: SoCal
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98 Brilliant Silver E320 Wagon
Check out www.handelonthelaw.com or maybe Larry H. Parker?
03-05-2008, 10:48 AM
#5
MBWorld Fanatic!
My 08 E550 w/ less than 3000 miles on the odo was hit on Dec 14th while it was parked. The damage was $8k to fix.
The guy who hit me was driving a rental truck, and his insurance is just giving me the run around.
I really need to get an attorney involved, but since I've never needed one, I don't know how to find a good one.
If someone can give me advice on finding a good one or refer to me to one, I'd appreciate it.
I'm in Orange County, Calif.
Thanks,
Vik
The guy who hit me was driving a rental truck, and his insurance is just giving me the run around.
I really need to get an attorney involved, but since I've never needed one, I don't know how to find a good one.
If someone can give me advice on finding a good one or refer to me to one, I'd appreciate it.
I'm in Orange County, Calif.
Thanks,
Vik
What diminished value is basically: Would you pay the same for a fixed MB as for one that had not been in an accident, no matter how good the repair? What was the difference in value at the time of the collision/loss? This difference in value is basically diminished value. But read on about the other factors.
Also, the claim may show up on Carfax - meaning it will be public knowledge the car was repaired - and certainly on a "secret" insurance industry database, even though the accident may not have been your fault. You will then pay more in car insurance when you renew, so you should get your insurance company to estimate the rate increase even if they say I am telling you nonsense.
I understand that MBUSA may not give you as much at trade in time for the car if the loss is over a certain amount or involves certain components. Moreover, they may not be able to resell the car as a MB certified used car (CPO) if there was damage or there is a Carfax report. They will then give you less at trade-in because they will sell the car at a secondary auction rather than at the primary MBUSA dealer auction if they don't decide to sell the car themselves. If you decide to keep the car you may not be able to buy a CPO warranty. (I know nothing about a lease.) All of this can be taken into account in a DV claim.
Finally, make sure that you find an attorney who is savvy about DV - there are very few of them. You can google. I think popular one is "my car lost value." You also need an expert witness on DV - usually a body shop veteran - who is willing to give a DV estimate and also testify effectively in court.
Finally, some states, I think MA, will not enforce a DV claim in court no doubt due to the plethra of IC headquartered there!
But CA I believe was in the vanguard of DV claims.
In any case be guided by your attorney when you find a good one.
Best of luck
Last edited by grane; 03-05-2008 at 03:40 PM.
03-05-2008, 03:31 PM
#6
Make sure that you get your attorney to sue, under tort law, for diminished value. Your insurance company has an exclusion in your policy that they will not pay diminished value claims or subrogate for them. However, you can go after the other party and its insurance company for DV separately.
What diminished value is basically: Would you pay the same for a fixed MB as for one that had not been in an accident, no matter how good the repair? What was the difference in value at the time of the collision/loss?
Also, the claim may show up on Carfax - meaning it will be public knowledge the car was repaired - and certainly on a "secret" insurance industry database, even though the accident may not have been your fault. You will then pay more in car insurance when you renew, so you should get your insurance company to estimate the rate increase even if they say I am telling you nonsense.
I understand that MBUSA may not give you as much at trade in time for the car if the loss is over a certain amount or involves certain components. Moreover, they may not be able to resell the car as a MB certified used car (CPO) if there was damage or there is a Carfax report. They will then give you less at trade-in because they will sell the car at a secondary auction rather than at the primary MBUSA dealer auction if they don't decide to sell the car themselves. If you decide to keep the car you may not be able to buy a CPO warranty. (I know nothing about a lease.) All of this can be taken into account in a DV claim.
Finally, make sure that you find an attorney who is savvy about DV - there are very few of them. You can google. I think popular one is "my car lost value." You also need an expert witness on DV - usually a body shop veteran - who is willing to give a DV estimate and also testify effectively in court.
Finally, some states, I think MA, will not enforce a DV claim in court no doubt due to the plethra of IC headquartered there!
But CA I believe was in the vanguard of DV claims.
In any case be guided by your attorney when you find a good one.
Best of luck
What diminished value is basically: Would you pay the same for a fixed MB as for one that had not been in an accident, no matter how good the repair? What was the difference in value at the time of the collision/loss?
Also, the claim may show up on Carfax - meaning it will be public knowledge the car was repaired - and certainly on a "secret" insurance industry database, even though the accident may not have been your fault. You will then pay more in car insurance when you renew, so you should get your insurance company to estimate the rate increase even if they say I am telling you nonsense.
I understand that MBUSA may not give you as much at trade in time for the car if the loss is over a certain amount or involves certain components. Moreover, they may not be able to resell the car as a MB certified used car (CPO) if there was damage or there is a Carfax report. They will then give you less at trade-in because they will sell the car at a secondary auction rather than at the primary MBUSA dealer auction if they don't decide to sell the car themselves. If you decide to keep the car you may not be able to buy a CPO warranty. (I know nothing about a lease.) All of this can be taken into account in a DV claim.
Finally, make sure that you find an attorney who is savvy about DV - there are very few of them. You can google. I think popular one is "my car lost value." You also need an expert witness on DV - usually a body shop veteran - who is willing to give a DV estimate and also testify effectively in court.
Finally, some states, I think MA, will not enforce a DV claim in court no doubt due to the plethra of IC headquartered there!
But CA I believe was in the vanguard of DV claims.
In any case be guided by your attorney when you find a good one.
Best of luck
03-05-2008, 03:43 PM
#7
MBWorld Fanatic!
Are you an car insurance agent or an adjustor trying dissuade our friend from exploring this cause of action?
Perhaps you can attempt to refute my points in a more detailed fashion?
Trending Topics
03-05-2008, 04:57 PM
#8
would get my sarcasm across better.It seems that you know what you are talking about!
03-05-2008, 08:55 PM
#9
MBWorld Fanatic!
I hope we can take an advanced driving course at Loudon,NH or better Silverstone, UK or the AMG factory
together!I'll buy lunch. Unless the guy who put $75k into his $29k Subaru MRX or whatever with the red brakes offers! We'll not turn him down!
Grane
#38
PS
I hope our fellow member takes my comments seriously but not literally. I am not am an attorney so I am not giving legal advice but just let us say I have some experience in this matter...as many of us, including yourself, have in matters in life, so short, so bittersweet.
Last edited by grane; 03-05-2008 at 09:00 PM.
