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My 2012 ML350 got rear ended...anyone else too?

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Old 07-29-2012, 07:53 AM
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My 2012 ML350 got rear ended...anyone else too?

This week my 2012 got rear ended by a teenager with only a drivers permit (ugh!!!) driving with his mother sitting as a passenger. He was totally at fault as I was stopped at a red light. Police report states he was at fault as well. My rear driver side bumper was scratched, dented and pulled away from the body. The rear driver side wheel was also bend inward. I had my car towed to a certified MB body repair shop recommended by my dealership. I've heard this place does great work but is expensive. After a couple of days and filing a claim with the at fault driver's insurance who admits liability I get a call back from the insurance co. that there is going to be a problem with the insurer's liability limit. The damage exceeds his limit by a few thousand dollars. Being the weekend and not being able to have any of my questions answered till the beginning of next week I'm just wondering if anyone else had to go through this same situation and how did it resolve itself. Especially someone from NJ's advice would be great.
Old 07-29-2012, 08:18 AM
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Originally Posted by Marc Cuevas
This week my 2012 got rear ended by a teenager with only a drivers permit (ugh!!!) driving with his mother sitting as a passenger. He was totally at fault as I was stopped at a red light. Police report states he was at fault as well. My rear driver side bumper was scratched, dented and pulled away from the body. The rear driver side wheel was also bend inward. I had my car towed to a certified MB body repair shop recommended by my dealership. I've heard this place does great work but is expensive. After a couple of days and filing a claim with the at fault driver's insurance who admits liability I get a call back from the insurance co. that there is going to be a problem with the insurer's liability limit. The damage exceeds his limit by a few thousand dollars. Being the weekend and not being able to have any of my questions answered till the beginning of next week I'm just wondering if anyone else had to go through this same situation and how did it resolve itself. Especially someone from NJ's advice would be great.
I am sorry to read this. Its a shame how can they not be totally responsible? If their insurance is over the limit them the parents should be re responsible! The bill should be sent to them not you who is not responsible for the accident!
Old 07-29-2012, 08:30 AM
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Originally Posted by CeeCee510
I am sorry to read this. Its a shame how can they not be totally responsible? If their insurance is over the limit them the parents should be re responsible! The bill should be sent to them not you who is not responsible for the accident!
agree: the parents!!!! it's always the parents!!
and what reasonable parent wouldn't want you to have your car fixed?

good luck!
Old 07-29-2012, 09:32 AM
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That really bites sorry to hear that. Do you have underinsured/non insured on your car insurance policy? If so that will cover it and your premiums will not rise because your not at fault. If you have that coverage I would just use that rather than go after the parents. If you have alot of time on your hands and dont mind the hassle of trying to get the other party to pay up in or out of court, then sue the parents. To me that seems like too much of a hassle.

Make sure the body shop puts your car on a lift to inspect the undercarriage as well. Good luck
Old 07-29-2012, 09:49 AM
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I think you have received some good advice already and I really have nothing to add to that. I am sorry and know how you feel - it would kill me if that happened to my "Diamond Jim"! What I would like to know is if you had a factory hitch unit? My ML350 did not have a hitch but it had everything else I wanted. No problem because I don't haul anything and do not even own a trailer. However, if I had to order another I would probably want the hitch if for no other reason that at around $600 it is cheap insurance to have, not only if the need to haul ever arose but because I heard it strengthens the back end quite a bit and serves as sort of a protective feature if you get rear ended. If you have a hitch, can you determine if it helped any? If not, do you think if you had one it would have minimized the damage you received?

Last edited by shortspark; 07-29-2012 at 09:52 AM.
Old 07-29-2012, 12:40 PM
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I may be repeating Davids post, but in my words, I would claim with My insurance. My claim would include any repairs, no claim premiums, and sundry losses such as towing, rental car, and value loss.

My insurance would then sue the other driver and owner at their expense and hassle. I would have no further contact with the other party.

And if the person behind the wheel is a bona fide learner, then I believe his mother is legally the driver.
Old 07-29-2012, 09:59 PM
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It sounds like the repair has exceeded their limit of insurance. However, that doesn't mean they are no longer responsible. I would just call the at fault party and tell them that their insurance has topped out and you need a few hundred more dollars to complete the repair. Ask them how THEY want to handle it. Put the ball in their hands. Small claims is always an option.

My guess is that they will be writing a check.

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