Hello everyone,
Long time lurker and new (to me) S550V4 owner. My previous 745Li completely failed me recently and had always wanted a W221 so have read this forum regularly. Thanks for all the great advice


Finally found a black on black 2009 CPO in good shape and with good records. Purchased two additional CPO years and was very happy.


Fast forward to only 6 weeks of enjoyable ownership and I was re-ended by a woman texting while driving. Nearly $20,000 repair damages to date to rear right and right quarter and I still do not have the car back after 60 days.


Woman's insurance (Allstate) has been paying for all repairs and the body work was completed last week. Then sent to Mercedes dealer where I purchased (same owner as body shop) for scan and "complete" mechanical check over. All was well they said after re-programing trunk opening and I was told my car was "ready".


In the body repairs, rear window was removed to replace rear right quarter and two problems remain after trying to pick up my car and I am already getting BS from the dealer on solving the problems and getting it back on the road.


Problem one: Lost of Radio reception. Both normal FM and AM stations that I had listened to with clear reception during my six weeks of ownership are now badly degraded and reception is almost non existent except for the closest of local stations.


Dealer sort of looked at it and SA was vague about what they examined, but said all is fine. Huh? Total BS and I know "all is not fine".


Sounds like antenna and antenna booster connection problem to me? I have signal .......but terrible reception. GPS and phone work.


Again, rear window was removed, so to me this would be the first place to look, to solve the obvious degraded radio reception, but all they want to do is try to convince me everything is working as normal.


What is more maddening is they have an open ticket from Allstate for these repairs, but just want make excuses and be vague about what they have or not have checked.


Problem two: Rear headrests stuck in upright position. I hear a hissing sound when pushing retract button and dealer thinks it is a valve which they do not have in stock. Of course headrests were removed and reassembled during body shop work as well, so I think I am seeing a pattern.


Guess I am just venting because I will not be happy going without radio reception for the next three years, as it appears the dealer wants me to do.


They have agreed to "look" at the car again and have had it for another 7 days in the shop and no word. Really get the feeling that they either do no care or do not know about how to get radio reception back.


Bad enough that I have to incur likely a 40% diminished value of my vehicle due to $20,000 accident record now on Carfax. So can I please get my car back with a working radio and headrests?


Anyone with any ideas. How to fix? How to work with this dealer?


Thank you in advance and sorry for such a long post.


I am thankful for not seemingly having severe injuries, but I am truly physically sick with stress over the damage to my car and this dealer's response to fixing these last problems.

 

It's probably worthwhile to call Mercedes customer service and escalate the issue. You will need to politely but firmly insist that these issues need to be addressed.


You should also be able to make an appointment and obtain a service loaner, which you have apparently done. I'm just guessing but during the removal and re-install of the rear window they probably broke the connection to the rear window antenna.

There is so much labor involved in fixing their mistake, they are reluctant to absorb that costly rework.

 

I would follow Rat's advice if your SA isn't cooperating in giving you proper updates about making sure everything works correctly. He's likely correct about a connection to the window antenna being severed when they removed the rear window.

Also, you are not looking at 40% loss in value due to the accident. Likely 10% or less if the work was done to a high standard and there wasn't any damage to the unibody construction.

 

Dave, a dirty carfax is automatic 1/3 off wholesale when it comes to luxury vehicles. Just saying.

On radio reception- take car to dealer. Park next to a car on the lot of similar vintage. Turn on radio in your car and tune to bad reception station. Do the same on dealer's car. Grab sa and tell him "make my radio sound like your radio". Antenna is in rear glass. They either forgot to plug antenna plug when replacing glass or replaced glass with aftermarket one that does have a worse antenna or no antenna at all.

 

I've been looking for a 911 and I see some for cheap prices and then I look at the carfax and see it's been in an accident and that's why the price is so low...even when it says "Minor damage reported" or "Accident - no details". Kills the price.

 

I only find this to be true with salvage titles.

 

Tough spot. MB is going to (probably correctly) want Allstate to pay for anything attributable to the accident. It's a mess.

A bad Carfax is a matter of degree. Minor damage and driveable at the scene is a modest hit. Major non driveable is going to kill it on resale.

Couple of questions:

What state do you live in? Some allow 3rd party diminution of value claims. If so they can compensate you for the CarFax hit. They won't volunteer it. I was an auto claims adjuster for 10+ years. I'll guide you thru the process if you need help.

Was the shop Allstates choice, as in an approved shop or recommended shop? If so, they're on the hook for the mechanical and electronic problems. They can subrogate against MB if they want. Not your problem. They owe to return the car to its pre loss state. (Probably should have totaled, their problem now.)

The car needs to be sold IMO. Never the same. Was that shop MB certified or no?

 

Thanks, yes might be calling Mercedes. I do have a loaner. Funny thing is Allstate is picking up all repairs and my dealer has full authorization to charge Allstate any supplementary invoices until my car is right. All they have to do is fix it and Allstate will pay.


All the more frustrating that the SA and service manager quickly dismiss the obvious poor post accident radio reception, while spending most of their time trying to tell me everything is working properly.


I mentioned the obvious starting point of the antenna and antenna amplifier connections and interface. Even sent them a TIS diagram I found on a search here. She told me "we are well aware of how to fix the problem". Well, are they, because if they were would it not be fixed by now?


No, it is not fixed and she is very vague about questions like "did your tech pull the headliner" and looked. Just keeps saying everything appears to be normal.


Called today and she said no change, but my headrest part came in. Yikes

 

Not sure about actually diminished value but dealer gave me a trade in quote of about 65 % of NADA dealer trade post accident. Considering the money I paid additionally for stretch CPO, I would have lost nearly $16,000 after six weeks ownership.


Have started a Diminished Value claim with Allstate today. Should be a real joy judging by the adjuster I spoke to. LOL!

 

I did sit in two cars on their lot right next to mine. If you scan available stations on my car it just goes round and round. The other car stopped at virtually every frequency. A station for station comparison is virtually white noise in mine with faint reception and perfect in other cars. Her response were things like "well ever car is different" "well the newer loaner has HD radio" or "you will need to turn your volume up louder." WTF!


They just removed my glass and replaced it. Thought of the aftermarket thing. You and the others are right. I have faint reception so that would seem to rule out command, radio and maybe antenna. Just not getting amplified signal and the fact that glass was removed makes it obvious.


I hate to start off on wrong foot with these guys but I have pretty small tolerance for service advisor BS.

 

Thanks very much. Yes, I started a Inherent Diminished Value claim today with Allstate. I have lost so much that I am planning to ride it out all the way through the courts, if they are not reasonable. It sucks because I am dealing with health issues too, but it has to be done.


I live in New Hampshire and the body shop is owned by the Mercedes dealership that I purchased the car from and was my choice. Their choice had numerous BBB complaints.


They told me MB approved and they used all new OEM parts. Body work came out nice to this untrained eye. However, I agree with you that the car will never be the same.


Sadly, this was my big splash financially, so I can not eat the loss and get rid of it unless Allstate steps up on DV. I will fight, as I only had car 6 weeks.

 

Damn. Is there a pending injury claim? If so, there's incentive for an attorney to take the case, including the car issue, on contingency (no fees unless you win). As a stand alone issue, an attorney will not take a property damage claim on contingency since he can't take a third of your DV claim. With a BI claim, there's enough meat there for them.

You'll need a lawyer if they won't budge, because your small claims jurisdiction limit is likely $5k and you can't file yourself in circuit court where you could get the whole $16k.

Bear in mind that at the end of the day, the guy who hit you, not Allstate, owes you for your damages, including DOV. Filing thru his insurance is expedient but not required. You'd simply file a small claims action against him for the jurisdictional limits of the court.

Even though the cap is under the actual damages, it creates a huge problem for Allstate. First, under their policy they owe their insured a defense. If you sue him in small claims they have to hire and pay a lawyer to defend him, even though it's just small claims. They won't send him in there alone, and they can't send an adjuster.

They could easily lose and spend $20k in combined defense costs and the $5k in damages to you. Lots of incentive to settle for $16k in exchange for you withdrawing the suit.

I just had to do this against State Farm. Their insured truck caught fire and rather than pulling over on the shoulder and calling 911 this dip**** pulled onto one of our business properties and tried to put the fire out with a jug of antifreeze (an accelerant). The truck melted into the asphalt, left soot everywhere and chunks of plastic and glass embedded in the surface and obliterated the markings on 4 spaces including a handicapped space.

I got a very reasonable $950 repair estimate and called State Farm, where the adjuster chick told me she was sorry but they don't owe for fire PD claims because their insured didn't negligently start the fire. I explained that the standard Florida policy form states they owe for damages resulting from the negligent operation, maintenance or use of the insured vehicle. This would be both negligent maintenance, and use, since he elected to drive 900 feet from where the fire started, cross the oncoming lane and drive another 100 feet into the property.

The chick, who was really condescending, again apologized but they would not be able to pay for our damages. She cheerfully suggested I either clean up and repair the damage ourselves or file under our own insurance.

I explained that I'd been an adjuster myself, they couldn't flat deny without investigation and I closed with, "Honey, put this down in the file: I guarantee you'll pay this claim." She admonished me for calling her "honey" and hung up. I got a denial letter a few days later.

I sent their insured a 10 day demand for $950, certified mail. No reply. Filed small claims against him. Now an attorney calls me back, wants to know if I'd take half. No, but you can pay all of it and I'll save you two trips for mediation and trial. Not interested.

Went to mediation. They offered half again. No but I'll take it all and save you a trip for the trial. Not interested.

Went to trial. His guy no showed but rather than ask for a default and directed verdict I waited a half hour for the guy to show up. Then I annihilated him, in front of his attorney, who basically had no actual defense anyway. Got my money and my court costs.

 

Ahhhh....sweet justice!

 

The best part was my request that the adjuster notate the file that I had "guaranteed they'd pay the claim". No question she would do so since it shows what a cocky ahole I am, which further justified denying the claim.

Now the case suddenly has to go to litigation. That means a whole bunch of different eyes get involved. Multiple levels of management start actively monitoring the claim. At that point she HAS to prevail in the denial or she'll look like a retard. Her boss will look like a retard. Meanwhile I've papered their file with letters all along pointing out the correct way to investigate a claim and offering them several ways out, none of which they took.

The only one I felt sorry for was the attorney they hired. How do you go back into the office Monday when a lay person beats you in a small claims trial? He should have pushed right away to just settle and close the file. I'm sure he will next time.

 

+1

 

Thanks for the laugh, which I desperately need right now. Image of guy pouring anti-freeze.....ha,ha.


I did receive back and neck injuries, but not much for a BI claim as of yet, as I have run my exams to date under my own medical insurance. Guess I should of run that up on their tab.


Sadly, the medical issues are un-related and provide me with a full plate without all the car crap. I guess that is why I have a bit of a short trigger with the SA and the BS they are feeding me.


I did sit in two additional vehicles next to mine on the lot with SA. When you "scan" for AM or FM it stopped on a grand total of one station combined in my car. In the C-Class loaner it stopped at virtually every frequency.


In a station by station comparison. My car got extremely weak reception on favorite AM news/weather station and voice could be barely heard only if volume was maxed. On the loaner same station was clear at normal listening levels.


I figured case closed and SA would say "ah-ha". No, I was fed such gems as "well, every car is different" and "but the loaner has HD radio" or my favorite "maybe you will have to turn your volume up a bit?"


Do not have a good feeling and ran into this with my previous 745Li. Crappy SA and dealer loaded with repair work and I always had to "engage" them to honor my CPO and at least attempt to fix the known problem.


Neither my MB SA or Service Manager even knew what the headrest retraction button was suppose to do. Had to convince them of that problem too, as head rests were stuck in upright position and only hiss when you hit retract button. I drive 99% solo and am stuck with three fully extended rear headrests in the upright position somewhat obscuring my rear vision. Oh well.


I did speak to my body shop manager yesterday who seems good. Suppose to send his tech who removed the rear glass to help their Mercedes tech find the problem. But they always say after..... things like "IF a problem exists".


Good info about court. $7500 is cap in small claims court in my state. Spent two days scanning supporting documents and writing letter to insurance. They came back with "they will send their adjuster to evaluate finished repairs". Pretty sure this is where they tell me "looks good as new to them".


Car is still in shop so not much more I can do now. Not too keen on driving the car for next three years like this, but certainly cannot afford to dump it and the 3 year CPO which comes with it.


Oh, just remembered......I have another car payment due today. Total nightmare.


Thanks again and Happy Holidays!

 

This totally reminds me of the OP on this famous thread. He ran into a lot of problems and had a car "note" due that he wasn't happy about. I suggest you read the entire thread as it is probably the most helpful thread that has ever been posted on this board. The real meat and potatoes starts on page 4 and continues to the end.

https://mbworld.org/forums/s-class-w...st-gear-4.html

 

I would chase down the medical claims first as leverage. Insurance companies are scared to death of wrongful injury lawyers. I got rear ended a few years ago and the adjuster called me without prompting and asked how I was feeling. I was honest and told her I felt fine but she insisted on cutting me a check for 2 grand just for my troubles on top of fixing my car to my satisfaction.

 

You'd think that but most auto adjusters are happy when the claimant goes attorney repped. It usually means the claim gets transferred to a casualty specialist (BI/UM) and its off their desk. Those reps spend all day settling with the attorneys and the relationship is typically congenial. I left 12 years ago and I'm still friends with several local injury lawyers, (One is handling my med mal case actually). When an adjuster has personally sent a lawyer tens or hundreds of thousands of dollars each year, they tend to like him.

The auto reps do usually have some discretionary funds they can put towards the car damage as goodwill to prevent a case going attorney repped. They also have "cash out" authority, usually a couple grand on the injury coverage.

In most states, PIP on your policy must pay medical expenses, but any claim for a permanent injury or impairment would go against the at fault drivers BI coverage.

On the DOV, the presumption is that the car was restored cosmetically, so the post repair inspection is irrelevant. DOV occurs in the loss of a portion of the market value of the car simply by virtue of the fact it had suffered serious damage.

$7500 is a good cap. You'd need to prove the DOV, which would require a witness (an appraiser from your dealership would suffice).