WEBSRFR

With that kind of damage you really want the car totaled. You will otherwise be stuck with a car that is never quite how it left the factory with massive "Diminished Value" on top of that where most buyers will not want to touch a car with significant accident damage.

Since you have two witnesses, you should really go for a settlement with the at fault party's insurance company that includes the full replacement of your car. If you do go this route, keep any future medical issues separate from the settlement as the settlement should be only about replacing your car. Sometimes things come up weeks or months after an accident but it seems like you are fine and that is good news.

If I were you, I would not accept that car back. Let the insurance company fix it up and sell it on their own if they want to but it should not be your problem.

Just be thankful that as far as accidents go, a full frontal impact like what you experience really is the best case scenario as it allows al your car's safety systems to fully protect you with the added weight and heft on the S class being on your side. A side impact at those speeds would have been a lot more concerning for your safety.

+1 on a dual channel dash cam for the front and rear. They are also useful for parking lot damage situations as well.

MTrauman

OP,




Attached is the listing of my car that was totaled in June 2015 (this listing is from August 2015) with pictures. Here it is for sale by insurance company. You can use this for your reference of whether your car will be totaled.

cheatham25

Awesome Thanks



Attached is the listing of my car that was totaled in June 2015 (this listing is from August 2015) with pictures. Here it is for sale by insurance company. You can use this for your reference of whether your car will be totaled.[/QUOTE]

Iridium222

Sorry to see this happened. Hopefully you're alright and will be in another W222 very soon!

cheatham25

So got the estimate back today and the car isn't totaled. About $40k in damage. Now I am stuck with a car worth almost nothing. Going to have to fight for the difference in value now with the insurance companies. Should be fun

just1time

That car will never be the same. Even if they do an amazing job fixing it...it would still bother me psychologically. Push for them to total it if you can. Escalate the matter if you have to.

WEBSRFR

Don't accept that car back. If it has $40K in damages, it will also have about $15-20K in diminished value where your car's value will be reduced by about that much by anyone looking to buy the car from you.

Your damaged car should be the problem of the insurance company. Tell them to keep the car and make you whole with a replacement car. Tell them due to severe Diminished Value you will not be whole simply by fixing up your car, which will never be the same as when it left the factory.

Given the severity of the injury if I were you I'd have an attorney go after the person who hit you for a replacement car plus attorney expenses. If you've been injured or has medical issues that will be extra.

Steinhart

I agree, get an attorney involved now. The reality is no one will want to buy that car, except at a basement bargain price. You want a replacement plus payment for your injuries and suffering. Make sure you get medical care, to document your injuries. And don't speak to their insurance company!

WEBSRFR

Good advice. I think you really should get an attorney at this point.

The at fault party's insurance is being unreasonable if they think they can fix up your car and stick you with about $20,000 in Diminished Value.

If that's the game they want to play, get an attorney and go for replacement car + pain and suffering damages as well. Make sure you keep in touch with your two witnesses in the meantime.

Streamliner

Did you lease or purchase your car? If leased, when is it up?

cheatham25

I own it so the problem is mine. I have hired an attorney and he will handle from here. I talked to my local MB dealer and they said the diminished value would be from $10 to $15k and when you consider I probably couldn't sell the car on my own any more and I would have to trade it in that's another $10k plus lost.

I appreciate everyone's thoughts. I will keep you posted as things unfold

hyperion667

so sorry.....I own mine too......fawk a lease

MTrauman

I have to imagine that you will ultimately be successful here but who knows.


What is the name of your insurance company? PM me if you are uncomfortable disclosing the name publically. I am thankful for my insurance company. They were very fair to me. My accident happened on a Wednesday, the adjuster evaluated the car and totaled it on a Thursday and they paid me $93k-1k deductible on Friday.


Since I just went through this process, I recall I was extremely firm with the insurance company on the front end at the time the guy was doing the estimate of the damage. I told him as he was estimating the damage via a phone call that if he did not total the car, I would sell the car immediately upon getting it back from the body shop. Not sure if this had anything to do with them totaling my car but I was very firm since I am very picky about my cars with demanding OEM parts, the body shop of my choosing, and my continual daily inspection of the car. They told me my car would be in the shop for two to three months if they did not total it. They would also have to provide me a rental car for that period even though I have other cars to drive since I have rental coverage on my policy. I have a law degree so it is good you hired an attorney so they know you are not a push over. Thankfully for me and my insurance company it all worked out since after arbitration between the insurance companies, the other driver that sideswiped me and ran me off the road was determined to be 100% at fault.


Keep us posted.

Streamliner

I've never had the experience, but perhaps someone else here can chime in: if a leased car is damaged like this and repaired rather than totaled, if I am not mistaken, it is the lease company who takes these hits. The lessee would simply get the car back when fixed, drive it and turn it in at the end of the lease, as if nothing had happened. Am I right?

Steinhart

yes, you are correct

the owner of the vehicle, the leasing company, takes the depreciation or loss of value resulting from the accident.

this is one of the reasons why I prefer to lease MB's

even a minor fender bender that gets reported to CarFax significantly reduces the value of the car, there are many dealers that don't even accept cars in trade without a "clean" CarFax

MTrauman

I do not lease.


But the issue of diminished value in accidents with significant damage is a favorable argument for leasing.


In all the S class cars I have owned in my lifetime, I recall leasing my 2001 S500. The chances of a significant accidents are not that great but I can now say I have had a totaled S Class--not happy or proud but I have now checked this off the bucket list. And hope to never have this experience again.

Streamliner

Yes, that is a huge benefit. I lease my cars now, because I like new cars every two or three years and it just makes the process much simpler. And the way MB always seems to make sliding into a new one almost painless, with their early out incentives, it seems like I'm almost addicted to the process, which I'm sure is what they had in mind. Can't wait for my 2018 "fix."

Steinhart

yes, that too

WEBSRFR

Depends on the lease paperwork fine print. There can be all kinds of provisions on your lease documents. For example if you never once serviced your car for 3 years you may be on the hook for extra payments and based on how the lease contract is written they can treat diminished value the same as excess wear and tear where you are billed. It's all in the fine print.

Or the lease company might go after the insurance company for Diminished Value.

Regardless of a lease or purchase in a situation like this the only recourse is the replacement of the car. Realize even if this was a lease, you will be paying ~$1200+ lease payment for the 4 months the car is still at the body shop.

I hope the OP gets his car replaced ASAP. There is no going back to the original car.

cheatham25

Geico and they have been great so far. The assessor is trying to work with me but the damage isn't deep into the car. It just looks bad because the entire front end is damaged. Sounds like your car had more damage. They are saying it will take just 2 weeks to repair mine. My lawyer doesn't seem to be too concerned with getting money for the car it's just the process of having to do it. Having the car totaled would have just been the easy route

jumpman726

Just curious, did you consider hiring a personal injury lawyer for the injuries you sustained in the accident? It sounds like you could easily win if the insurance companies already decided that the other party was 100% at fault for the accident.

cheatham25

So just a quick update. After tearing the car apart the repair number quickly went from $30k to well over $50k and they aren't done yet. My insurance company is shopping the car to a salvage yard so I am hopeful they are going to total it.

MTrauman

Based on my recent experience they will total the car.


If the number is over $50k they will total it since it is easier for them to not repair the car since at the end of the day it is about money for the insurance company. Even once they start working on the car there are usually other items they will discover that need to be replaced.


I am a bit surprised though that they are shopping the car before they settle with you. They already know they are going to total the car since they are getting prices on the car. They are probably talking to Insurance Auto Auctions or Copart which are two of the larger companies that will buy the S Class cars to resell. My insurance company after totaling my S Class sold the '14 S Class to Copart (probably $40K based on my discussions with my insurance company) and I found my car listed for about $51k on Ebay by the company that bought my car from Copart. So there are markets for totaled S Class cars. Many times the US totaled S Class cars are shipped overseas to be fixed and resold.

xpl0sive

they are shopping it to see how much the salvage value is and weighing their options. If they estimate the damage to cost $60k and the ACV(actual cash value) of the car is $90k, they will repair it, unless they can get more than $30k for the salvage. The insurance company doesn't care about diminished value, personal preference, etc. It's all about the bottom line. They will gladly pay out $90k for the car if they get someone to commit to buy the salvage for $40k. That way they come out ahead. It costs them $50k to settle the claim rather than $60k to fix it.

MTrauman

I agree but it is taking them much longer to decide than my insurance company. My '14 S550 was in an accident on a Wednesday, adjuster look at the car on Thursday and they paid me $93k on Friday with an estimated repair cost of $50k.