newyorktoLA

Someone crashed into my 2009 GL450 at 10:00 PM at night. My car was parked outside and rammed and pushed my other car up the sidewalk. So now I have two ruined cars.

GLguy

Does your insurance think it can be fixed? I just wonder why they don't total it.

DucatiNut

Where do you live?
Either way you may want to move...

vinceching

because the damage probably isn't as bad as the op states.

unless the frame is bent/tweaked, the damage the op mentions will not become close to what insurance companies use to total cars. most insurance companies need to have the repairs exceed 75-85% of the value of the car before it becomes a total.

vinceching

while i feel sorry you are the victim of such an idiotic driver, most of the things you mention are pointless.

lawsuit against the family? for what? you would need to prove the driver/family intentionally wanted to damage your car.

and while the boy trying to run could be considered a hit and run, the other things about the mom having whisky in her breath and the dad littering really means nothing. only way the mom could get in trouble would be drinking in public and public drunkeness. the dad, a fine for littering.

my suggestion is to step back, be grateful no one in your family was hurt, and not take it so personally.

Fourdiesel

amaycg;
In most states (I assume you are in the US although you do not say) the laws require that you be 'made whole' that is, the car (s) and other property be returned to the physical condition they were in, the second before the crash occurred. Since you were (I assume) legally parked in the street in front of your property, It is the responsibility of the Touareg's owner and his/her insurance to make that happen. Your insurance MAY assist you but is usually not required to do so unless your comprehensive coverage covers you for uninsured (or underinsured) motorist.
What does THEIR insurance say? (not yours) They are responsible! If they do not HAVE insurance then you CAN sue, but consider if they even have the kind of resources you would be asking for.
To answer your question about the value of your car - 'build' one just like it on Edmunds, kbb, etc and average the result. That is the max you can expect.

MKW

Say he lives in Beverly Hills, would you recommend ... Pacoima ?

newyorktoLA

Thanks for all your input.

My family depends a lot on that vehicle and I'm not going to let that teenager get away with crashing into my GL450. We have gone through enough trouble choosing a car in the first place (the GL450 which became totaled replaced our white GL450 which we hated) and we can't do it again.

Moreover, I don't want a repaired car. It will never drive the same again and I will always find faults within the vehicle from the accident. The repairs will also be noticeable. I can't be satisfied with a teenager hitting my car (he wanted to run away after, but couldn't since his car was totaled as well; he pushed our GL into another of our cars). He needs to pay for a new car to replace it...I'm not going to waste money...I wasn't at fault (my car was legally parked and was against the curb).

Not only that, but the impact was so big that the rear seat entertainment system broke off the seat in the car and the DVD slot was twisted. The rear 3rd row seat was sideways and the window was tilted sideways and was protruding into the car.

I think this teenager was drunk. There was substantial evidence; he was barefoot; he was hysterical; he was throwing up before he drove; my street is wide and quiet and he rammed sideways into my car.

By the way, we live in a very upscale neighborhood; we probably see Bentleys and Rolls Royces every single day (we also see atleast 7 GL's driving on this street; all our neighbors have them)

newyorktoLA

By the way, parts of the exhaust and the underbody fell of the underside of the car onto the street. The left exhaust was pushed from the rear of the car to stick out towards the left side of the car. Also, the back wheels were pushed into the wheel wells and ripped. Here is a picture:

c240PORTUGA

working in the insurance industry i hear this nonsense all the time "i'm not at fault so i want a new car. Come on, your car has 27k miles, and now this kid, who made a mistake owes you a new truck. Get real. The most that is owed to you is to put the vehicle in the condition it was prior to the accident or pay you the ACV (actual cash value). The point of insurance is to make you whole, not buy you a new vehicle with 0 miles because this kid screwed up. You were young at one point to, no?

vinceching

i take back my sympathy for you. now i think you are being irrational and idiotic yourself. you state above you think the kid was drunk because the substantial evidence was 1. barefoot, 2. hysterical, 3. throwing up.

LOL, one things for sure... you are never going to be a lawyer. your substantial evidence isn't substantial at all. it was just some observations you made, and it could easily be argued against. barefoot... people drive barefoot sometimes, i do it. being hysterical... how did you come about that conclusion? were you close enough to the kid to hear him yell crazy **** out loud? hitting himself, running into things? whats your definition of hysterical? and throwing up? it could have been from drinking too much, or the kid could have had food poisoning, the flu, or he could have been throwing up because he was nervous. i have a friend who got pulled over for speeding 185mph on the i-5, and when the cop was arresting him for excessive speeding he threw up all over the cop.

the kid doesn't have to pay you squat. he pays his deductible and his insurance covers the rest up to his liability limits. if there isn't enough funds, thats the only time you could try to bring a judgement against him for the difference.

but to expect someone to replace the car? give me a break. you obviously haven't dealt with insurance before, because that isn't how it works.

if your insurance company doesn't total the car, have it repaired and sell it for loss after disclosing it was in an accident.

even if the insurance totals your car, they aren't going to give you what you paid for the gl new. they are going to give you what fair market value was for the gl before the accident. so you will still have to come out of pocket if you want a new gl again.

you also mention living in an upscale area. while living in such area's reduces your probability of accidents like this happening, it still means there is a chance for it to happen.

lastly, i reread your initial post... you make no mention have the police. did you have the police come and write a report? if you did, the officers would have used their own judgement to see if giving the kid a sobriety test was warranted if they thought he was drunk.

sosh

I too think you may be a bit irrational and emotional. Some of the things you mention have absolutly no bearing on this event. The fact that the mother may have been alchol impared is irrelevant as she was not driving, the fact that the father smoked is rediculous to even mention. Deal with your insurance company on both cars. Be certain they are repaired at appropriate shops, the MB at an MB approved repair center and the other at a high end body shop. Be certain that all parts used are new. After they are returned to you repaired, take some action to sue the other party for loss of value due to the accident. This will again involve their insurance company or them personally. This may involve hiring an expert at this type of situation. Can net you the difference of value between a non damaged car and the damaged repaired car. At that point make a decision if you will replace both vehicles. You should have had the police called, if for nothing else to have the police report in hand. Oh and yes you should be fully compensated for a rental for the duration of repairs to both vehicles. Ifr their insurance company is not fully cooperative during this process you certainly can file suit against the party involved.

newyorktoLA

Whoa, you guys are a little harsh. I have a brand new GL450 which was totaled by some dumb teenager. I tried to call the police, the police said that they wouldn't come unless someone was hurt. The boy only had a scratch on his nose (he admitted to being in a fight before he drove). Now, I'm sorry if a new car implies 0 miles. I'm not asking for a new car. I'm asking for my life to be on track. That involves a 2009 GL450 with all the options it had before. It is the teenager's family to replace it for me as well as my own insurance's. If my own insurance doesn't cover it, I'm going to sue his ***. Teenager accidents happen all the time. Just because he was young doesn't mean I'm going to let him go. I depend on a SUV for driving 200 miles every single day (I'm not kidding.) The rental company our insurance gives us provides a small Kia (5 seater) and I drive 6 children every day from school home. Just because a teenager ruins my life doesn't mean I'm going to let him go. I hope the kid is okay and he wasn't hurt by that accident whatsoever, I can understand he was probably somewhat of a good kid. But, this kid literally slammed straight into my car without applying the brakes before he hit our car (there are skid marks from all tires of my car, but none from his; he pushed our car from behind the driveway approximately 200 feet up the road, and then stopped). The neighbors also left notes on my car saying that he was driving funny up the road and that he was being rude to them. I think this calls for some action. If my insurance writes me off a cheque for a car with same market value and that's not enough, I will file a lawsuit. This kid damaged two of my cars.

GLguy

I wish you good luck. Keep us posted. I hope his insurance has high limits. Regular 25/50/25 coverage probably wont be enough in this case, since 2 cars are damaged during 1 accident. Do you have under insured coverage on your policy?

dariof

I am an attorney so I will tell you most likely what will happen. While the laws of your state may differ from mine, insurance law is substantially similar across the U.S. (I practiced real estate law, but this is an easy and common scenario you have given). Please do not construe this as legal advice, as it is not intended to be such. My analyses is intended to be another contribution to this thread and merely an opinion. Be sure and seek legal advice from a qualified attorney in your particular area.

First, the lunatic family, whiskey breath Mama, smoking Dad, barefoot & throwing up son is irrelevant. It all means nothing.

With few exceptions, where your car was parked is irrelevant.

Second, you will seek indemnification for the repair of your vehicle from the kid's insurance. This will fall under their collision, and the kid will be responsible for the deductible, which is probably $1,000. Their insurance company must repair your car to to standards just prior to the accident, which essentially means to fix all the damage he created, but not any damage that was already there, if any. You will also receive new tires, since you undoubtedly have receipts showing you just replaced them, and they are now "burned."

Third, if they are uninsured or under insured, you will see seek repair from your insurance company for any differences in the shortfall(s) through your collision coverage (Yes, collision, not comprehensive), provided that you carry uninsured/under insured coverages. I'm sure you do. You will be responsible for your uninsured/under insured deductible. Your insurance company will in turn will seek indemnification from the kid or his family (the family provided they are all on the same policy) if they so desire. They will most likely not pursue any recovery monies from the kid however, as he/they a re probably judgment proof. You will give up your indemnification rights against the kid if you seek monetary help from your insurance company, but may seek damages for any deductible you had to pay.

If you choose not to involve your insurance company, then you would pay any shortfall(s), and seek indemnification from the kid or his family, providing they are not judgment proof (not sufficient assets), which they probable are. Also keep in mind that if your state does not have statutes in place for prevailing party attorney fees, you will be responsible for your attorney fees since there is not a contract between you and the kid to pay attorney fees.

Last, is this fair to you? No. Your car will probably never be quite the same. Externally it will probably be just fine, but its driving "quirks" may be somewhat different. It's value will be further diminished because of the accident, but not by much. You will not receive a new car, and your car will most likely not be "totaled." You will have to live with a repaired vehicle.

If they per chance do total your car, your are entitled to an amount equal to the fair market value of your vehicle at the time of the accident (minus your deductible), as determined by local pricing. The insurance will garner numbers from wholesale blue-book, and you will garner numbers from retail used car sales. The negotiated amount will be somewhere in the middle range, at which time your damages will have been satisfied and you will have been determined to have been made "whole" at law. If you do file a lawsuit against the kid, he will simply assert as a defense that you have been made whole by your insurance company on an amount you agreed to accept, and were paid that fair market value of your vehicle at the time it was totaled. Your insurance company records are easily obtainable through subpoena. Since that amount was already paid, you are not entitled to another fair market payment.

The kid would be responsible for the deductible you had to pay. That however is a simple small claims action; then of course, good luck satisfying that judgment.

Furthermore, your insurance company is under no obligation to give you another MZB as a rental until your GL is fixed. They basically have to give you something with 4 wheels...not a tractor, so breath easily here.

But this is our system, and this is why you have insurance. Insurance is designed to compensate, but rarely makes someone completely "whole." Some values are always lost in an accident. Remember, insurance companies have very good adjustor's and lawyers on staff whose sole job is to pay you as little as possible; whereas your sole job is to get paid as much as possible. Ah, the art of negotiations!

This kid could not have possibly "ruined your life" as you have stated. Spend your energy being thankful you and/or your family were not hurt. Try not to use energy wanting this kid's blood. You probably won't get any....not one drop.

Oh yes. Some Tylenol, if you are not allergic may be in order. Good luck.

nkole

Great write-up. Thanks for taking the time to educate us all.

alx

Wow... so much written.... sue the family, wanting your life back... bla bla bla

... this is how it is going to happen:

your ins company will fix your vehicles. it takes a lot to total a gl and yours is most likely not adding up to being a writeoff. you will not sue anybody because no atty will even listen to you on this "case". you might or might not be able to make your ins company compensate you for the diminihed value of your repaired vehicles. you thank god nobody got hurt and chalk one towards life experiences.

just the facts. good luck.

sosh

Its my belief that the posting above by the attorney is essentially correct with one exception and that being the loss of value which could be significant. At least in PA action can be taken to recover this amount not from your insurance company but by theirs. Here a suit must be filed against the other party with substanciation of the amount of the suit. It must be taken after the car is returned to you fully repaired. If they take this claim to their insurance company thats up to them. If not they will be responsible for any amount awarded. An expert specializing in this field is usually hired. With regard to the rental car why not just rent what you want/need and pay the difference out of your pocket, thats what I do and the amount is insignificant.

newyorktoLA

Thanks sosh and dariof for your input. It will be very helpful to me.
It sounds like you guys are guiding me in the right direction, let's see what our insurance company says.

My only concern is that they may not total the car since its a 2009 model and they may not want to write off a cheque for so much money (its current value).

Thanks nkole as well. You were not as supportive as the others, but thanks for expressing your interest

dariof

Yes, you are correct. A few states do allow for a "diminished value" recovery. This is why I suggested the OP contact a local attorney for the nuances of the laws within his state.

The OP however, has to make a business decision. From a practical standpoint, it would probably not be worth the time, effort or money to pursue this cause of action, if even available.

At $300-$400.00 per hour for attorney's fees, the time for discovery, pre-trial conferences, then perhaps a trial, it just wouldn't be worth it.

The legal costs would be more than the diminished value, and unless the OP's particular state allows reasonable recovery of attorney's fee by statute, the OP's attorney fees are not recoverable through the perpetrator's insurance company.

If the diminished value was a low number, i.e. $5,000 or so, the kid's insurance company may just settle as this would be cheaper for them than to run a dog and pony show trial.

The OP has a lot of research to do which will occupy a good portion of his time for a week or so. It's just an unfortunate PITA.

sosh

My feeling is that it could very well be worth the effort particularly with 2 cars damaged. Friend of mine had his wife's one year old C Class t boned by an elderly driver who ran a stop sign. Damage was severe to his car and on the border line of being totaled by the insurance company refused to total. He did what I had suggested to the OP pursued the issue with an "expert" in the field and some assistance from his dealer, filed suit and ended up not going to court and getting his claim of $6200. The "expert" (retired car dealer) charged him about 500 bucks. In this case the insured cause of the accident rolled over during depositions. My friend ended up trading his repaired car for another new C Class after the settlement for very little more money

spdracer53

doesn't matter he is in california and it is a state which doesn't recognize diminished value

Fourdiesel

You are right - only in California is every other car a Bentley or a Rolls; with the rest GLs.

StevethePilot

My wife was rear-ended (minor damage but bumper did have to be replaced) in our GL and the other guy's insurance company did agree to pay for the rental of a 4x4. Unfortunately, it was another Chrysler product (a Dodge "No-Tro" - okay, Nitro - without cruise control for goodness' sake!) and very oddly the rental company had an ML320 CDI, which I paid the small difference to rent.

So with some reasonable requests you can at least be made to feel like the accident wasn't your fault. One major difference, though, was that this wreck happened on a city street, not in a parking lot which is private property. Very different rules here for that!

STP

BJ021

I'm completely lost on this comment:

Someone drives down the street plows into 2 cars and the police don't show up? There's something seriously wrong with that. Aren't the police concerned about drunk driving in your area? Shouldn't the person driving be at least ticketed for wreckless driving at a minimum? Shouldn't there be an official write up for a 3 car crash? All seems a bit odd to me... I wish you luck though.