Rear end carnage in LA
#26
Totaling a car usually requires between 70-80% damage. Keep in mind that they may be using different tables than kbb or edmunds. Also, this is a bit of a catch 22 because you can prove a lower value of the car and get it totaled but then you would only get that much back. I would look into kbb and edmunds and then look up what is listed on cars dot com and auto trader and use an average of some sort to determine the car's value. Keep in mind that that will be the number they will use for the settlement if it is indeed totaled.
Also, in most states you have the RIGHT to take the car to be fixed at any place you please and the insurance needs to work with them. As others have pointed out, take it to a certified MB location or at least to a high end shop. Ask them to spend some time looking at the car underneath, not just a once over as they may catch more stuff.
Lastly, at least from my understanding of how these things work in IL, the guy that caused the whole thing should be responsible for the entire wreck but there are provisions for a percent of guilt. You will have to see the police report and figure out what it states and that will give you a better clue on what your options are. It is possible that they may determine that the original guy is (for example) responsible for 80% and your son is responsible for 20% because, maybe, he was too close or what not. Just get your hands on all documents surrounding the collision and review them closely.
Also, in most states you have the RIGHT to take the car to be fixed at any place you please and the insurance needs to work with them. As others have pointed out, take it to a certified MB location or at least to a high end shop. Ask them to spend some time looking at the car underneath, not just a once over as they may catch more stuff.
Lastly, at least from my understanding of how these things work in IL, the guy that caused the whole thing should be responsible for the entire wreck but there are provisions for a percent of guilt. You will have to see the police report and figure out what it states and that will give you a better clue on what your options are. It is possible that they may determine that the original guy is (for example) responsible for 80% and your son is responsible for 20% because, maybe, he was too close or what not. Just get your hands on all documents surrounding the collision and review them closely.
#27
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
My son had a long talk with the repair facility on Friday. They are assuring him that if there is a mortal blow to the car..frame damage, crushed tranny, for example,..that they will tell the insurance company that the car should be totaled. He said that there are a lot of high end cars in that place and in checking it out, he has found they do good work. He's a pretty good judge of people (he works on producing television commercials and he can smell a scammer, poser and flake before they enter the parking lot) and he feels this guy is playing it straight with him.
'06E55: that's how it works in LA, you cause a wreck and you try and seek damages from other innocent drivers. In this case, 'rear end collision' usually liability follows the car that struck from the back. In this case, my son was stopped. He was then hit and pushed into the other car, hitting from the back. They are forgetting the fact that their client initiated the process that caused the collision. Bizarre.
'06E55: that's how it works in LA, you cause a wreck and you try and seek damages from other innocent drivers. In this case, 'rear end collision' usually liability follows the car that struck from the back. In this case, my son was stopped. He was then hit and pushed into the other car, hitting from the back. They are forgetting the fact that their client initiated the process that caused the collision. Bizarre.
#28
MBWorld Fanatic!
My son had a long talk with the repair facility on Friday. They are assuring him that if there is a mortal blow to the car..frame damage, crushed tranny, for example,..that they will tell the insurance company that the car should be totaled. He said that there are a lot of high end cars in that place and in checking it out, he has found they do good work. He's a pretty good judge of people (he works on producing television commercials and he can smell a scammer, poser and flake before they enter the parking lot) and he feels this guy is playing it straight with him.
'06E55: that's how it works in LA, you cause a wreck and you try and seek damages from other innocent drivers. In this case, 'rear end collision' usually liability follows the car that struck from the back. In this case, my son was stopped. He was then hit and pushed into the other car, hitting from the back. They are forgetting the fact that their client initiated the process that caused the collision. Bizarre.
'06E55: that's how it works in LA, you cause a wreck and you try and seek damages from other innocent drivers. In this case, 'rear end collision' usually liability follows the car that struck from the back. In this case, my son was stopped. He was then hit and pushed into the other car, hitting from the back. They are forgetting the fact that their client initiated the process that caused the collision. Bizarre.
As for the rear end collision thing... That's how it works in NC also. If you hit the rear end of a vehicle, you are responsible... However, your son was stopped and the other driver initiated the process (as you stated). SO, it isn't like your son just ran into the back of another car. The ONLY way I can see them finding your son at fault for this portion of the accident is if the police determined that your son was parked too close to the other vehicle... That would also depend on how fast they determined the other vehicle was going. From the looks of the damage to your son's vehicle, I would say that this amount of damage was caused by the other vehicle traveling at around 35 MPH (at the point of impact)... Am I close? If so, then as long as your son wasn't super close to the car in front of him, then there is no way he is at fault for being pushed into the car in front of him...
#29
Senior Member
Join Date: Feb 2009
Location: Houston, TX
Posts: 344
Likes: 0
Received 0 Likes
on
0 Posts
'13 Dodge Dart, '16 Audi Q5
Sorry to hear about the accident, glad everyone is ok.
I had my crossfire (I know the value isn't the same) hit about a year ago. I would say the depreciation on my couple year old crossfire was about the same as a 9yr old S55
. I have to say the biggest thing for me, was face time with the company giving the estimate to the insurance agent/company. The more time I spent at the place, the more I noticed other problem area that were the effect of the crash. It seemed (in my opinion) to help the process along and also to get the shop estimating damage to lean towards your favor. The biggest thing I found that helped was staying as calm as possible (not saying he isn't) and be professional about everything. A definite level of respect eminates from that.
With the picture the OP posted, I would say that I would be more worried about minor tweaks in the frame that they wouldn't find over a bent/crushed portion of the frame. Those are definitely the killers, the frame issues that can't be seen without the body off the car and looking at just the frame. I've always been told that any frame damage at all and the car will not ride the same. Hopefully your son can get the car totaled.
Also, if he has a $5k rider on his rims on top of the $20k he wants for the car, I would definitely try to put the stock rims back on there, or even maybe some reps to save the lowenharts. If there is no damage whatsoever to them of course.
Funny to see, but in Texas in 99% of the cases if you hit a car in front of you it is your fault, eek. Even if you were hit from behind and pushed into the car in front of you. Sucks.
Good luck with everything, hope it all works out.
I had my crossfire (I know the value isn't the same) hit about a year ago. I would say the depreciation on my couple year old crossfire was about the same as a 9yr old S55
![Confused](https://mbworld.org/forums/images/smilies/confused.gif)
With the picture the OP posted, I would say that I would be more worried about minor tweaks in the frame that they wouldn't find over a bent/crushed portion of the frame. Those are definitely the killers, the frame issues that can't be seen without the body off the car and looking at just the frame. I've always been told that any frame damage at all and the car will not ride the same. Hopefully your son can get the car totaled.
Also, if he has a $5k rider on his rims on top of the $20k he wants for the car, I would definitely try to put the stock rims back on there, or even maybe some reps to save the lowenharts. If there is no damage whatsoever to them of course.
Funny to see, but in Texas in 99% of the cases if you hit a car in front of you it is your fault, eek. Even if you were hit from behind and pushed into the car in front of you. Sucks.
Good luck with everything, hope it all works out.
#30
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
06E55:
You right on the money in terms of the collision: my son thinks that the driver who hit him never saw him, charging through the intersection and stopping only when he hit him. I told him to go back to the scene and photograph the intersection for lack of skid marks, but by the time he got back it had rained. Imagine the force it would take to smack a 4000 pound car hard enough to drive a car 4 feet in front of you into a car 4 feet in front of it. It screams negligence--the driver admitted to my son that it was 'his fault' at the scene. Now, how does he find a certified Mercedes repair shop? I am assuming this means places other than the dealer can be certified. Is this as simple as going to the Yellow Pages? Also, what happens if the shop where his car has been held for almost two weeks won't release it, saying they 'started work'--I don't know if this is the case, but I want to prepare him. Right now he is working long days filming some commercials and it is difficult for him to negotiate this while he is on set. I would think that he would be able to tell his insurance company what he wants to do and they would handle it..but I don't know..Zahama..I made the same suggestion to him about the wheels..thanks for all the input, appreciate it.
You right on the money in terms of the collision: my son thinks that the driver who hit him never saw him, charging through the intersection and stopping only when he hit him. I told him to go back to the scene and photograph the intersection for lack of skid marks, but by the time he got back it had rained. Imagine the force it would take to smack a 4000 pound car hard enough to drive a car 4 feet in front of you into a car 4 feet in front of it. It screams negligence--the driver admitted to my son that it was 'his fault' at the scene. Now, how does he find a certified Mercedes repair shop? I am assuming this means places other than the dealer can be certified. Is this as simple as going to the Yellow Pages? Also, what happens if the shop where his car has been held for almost two weeks won't release it, saying they 'started work'--I don't know if this is the case, but I want to prepare him. Right now he is working long days filming some commercials and it is difficult for him to negotiate this while he is on set. I would think that he would be able to tell his insurance company what he wants to do and they would handle it..but I don't know..Zahama..I made the same suggestion to him about the wheels..thanks for all the input, appreciate it.
#31
MBWorld Fanatic!
Dudeler,
Have your son call his MB Service Center and ask them the name of a collision center that is part of the Mercedes-Benz Certified Collision Program. I am sure there a few to pick from in LA...
As for getting the car from the current repair shop... Unless your son has stated that he wants to be done at that shop and has signed something to that effect, then I don't believe they can hold the vehicle. Up until the point he signs something, the only thing that has been authorized is the estimate. If they wont release it, then he should get his insurance company and/or the police involved...
Have your son call his MB Service Center and ask them the name of a collision center that is part of the Mercedes-Benz Certified Collision Program. I am sure there a few to pick from in LA...
As for getting the car from the current repair shop... Unless your son has stated that he wants to be done at that shop and has signed something to that effect, then I don't believe they can hold the vehicle. Up until the point he signs something, the only thing that has been authorized is the estimate. If they wont release it, then he should get his insurance company and/or the police involved...
#32
MBWorld Fanatic!
Actually, I just found this... It is a list of MB Approved Body Shops... http://www.mbusa.com/mercedes/data/p...nters_list.pdf ... There are two directly in LA...
#33
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
06E55
Thank you so much for that list, I tried doing a search on 'Paulies' that is the name of the nearest MB certified repair place the current place gave my son..saying it was '50 miles away', but I couldn't find anything. Well, according to the list you gave me it is in Beverly Hills, which is like 10 miles away. I don't know if #1 son did not hear the guy right, or was distracted or what..but the repair place did give him the right name (#1 son provided the spelling) I'm wondering if they said '5 miles away' and he didn't get it right..anyway, I passed it on to him..appreciate your help.
Thank you so much for that list, I tried doing a search on 'Paulies' that is the name of the nearest MB certified repair place the current place gave my son..saying it was '50 miles away', but I couldn't find anything. Well, according to the list you gave me it is in Beverly Hills, which is like 10 miles away. I don't know if #1 son did not hear the guy right, or was distracted or what..but the repair place did give him the right name (#1 son provided the spelling) I'm wondering if they said '5 miles away' and he didn't get it right..anyway, I passed it on to him..appreciate your help.
#35
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
People are lawyering up. The guy who my son hit from behind, who had no visible damage and left as soon as he got insurance from my son and the guy who rammed my son into his car.. is claiming 'double collision' whatever that is. Meanwhile, there are rumblings that the S55 will be totaled.
#36
MBWorld Fanatic!
I have no idea what "double collision" is... Maybe he is stating that someone hit him driving him into your son's car... Anyway, I am glad there are talks about it being totaled. Did he ever get it to a MB Approved Body Shop? It sucks that it had to come down to lawyers (at least from a time aspect), but if that's how it has to be to get the best outcome, then it's just how it has to be... How is your son's insurance company treating your son?
#37
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
No, he has not taken it over to the MB approved shop. With all 4 of the parties and their associated insurance drama, the intensity of location shoots for commercials that he is currently involved in, and trying to to find a new place to live with his fiancee, he has got a full plate. After getting two agents in two days, the current agent has been very supportive and responsive, that has calmed him down a bit. My next door neighbor is a Personal Injury attorney, just back from 2 weeks in Paris, and ready to rumble. He is going to talk to him and discuss his options.
#38
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
Well, I got my first look at my son's S55 today and the paint job is terrible. I mean, I think I could gave done better with a spray can. So far, insurance has paid out $17,884 on the car--they told him they would have totaled the car when it hit $24K.
The fact that the paint shop even released the car tells me that going back there would be waste of time. I'm thinking his best bet is to take the issue to the insurance company.
Not only was the paint irregular, it was foggy in certain spots and the clear coat was anything but clear. It seems to me that the only remedy would be to sand it and do a whole new paint job.
At this point, I am thinking he may be better off just handing this off to his attorney and let him deal with it. I was thinking about having him take it to other paint shops, but the car speaks for itself, that would just waste his time. If any of you have an idea about the best way to handle it from hear, I would appreciate hearing them. Basically, with all the money spent on the car, I doubt if he could get 10K with it.
The fact that the paint shop even released the car tells me that going back there would be waste of time. I'm thinking his best bet is to take the issue to the insurance company.
Not only was the paint irregular, it was foggy in certain spots and the clear coat was anything but clear. It seems to me that the only remedy would be to sand it and do a whole new paint job.
At this point, I am thinking he may be better off just handing this off to his attorney and let him deal with it. I was thinking about having him take it to other paint shops, but the car speaks for itself, that would just waste his time. If any of you have an idea about the best way to handle it from hear, I would appreciate hearing them. Basically, with all the money spent on the car, I doubt if he could get 10K with it.
#39
Out Of Control!
Who worked on the car as far as the repairing and painting it?
I would highly suggest and recommend Beverly Coachcraft in Beverly Hills. I've used them before and can pretty much guarantee the quality of their work is second to none and is the best.
#40
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
JamE55
I can't remember the name, Ill have to call him..but I do know that it is not far from Beverly Hills Coachcraft, which someone had recommended to me. I think I will suggest to him to take the car there and have them look at the work and explain what went wrong. I have never seen a clear coat that looked so imperfect and muddled. I'm wondering if the paint was not dry and the clear was applied. The trapped wet paint then fogged the clear. Now I don't know anything about how paint works, I'm just throwing out an idea.
From what I remember, BHC was not an 'approved paint facility' which, in insurance-speak, means they would not pay for that level of quality. My feeling is, since the insurance company selected the body shop, then it is their liability if the job is poorly done.
He really likes his S55, seeing the paint so poorly done really bummed him out.
I can't remember the name, Ill have to call him..but I do know that it is not far from Beverly Hills Coachcraft, which someone had recommended to me. I think I will suggest to him to take the car there and have them look at the work and explain what went wrong. I have never seen a clear coat that looked so imperfect and muddled. I'm wondering if the paint was not dry and the clear was applied. The trapped wet paint then fogged the clear. Now I don't know anything about how paint works, I'm just throwing out an idea.
From what I remember, BHC was not an 'approved paint facility' which, in insurance-speak, means they would not pay for that level of quality. My feeling is, since the insurance company selected the body shop, then it is their liability if the job is poorly done.
He really likes his S55, seeing the paint so poorly done really bummed him out.
#41
Out Of Control!
Dudeler,
I can tell you right now that the goal of some of these insurance companies is to find the cheapest shops that will work on the car so it doesn't hurt their pockets and the pre-approved shops are at mediocre at best.
If you can get the car to Coachcraft they will do a very good job on restoring the paint. Best of luck.
I can tell you right now that the goal of some of these insurance companies is to find the cheapest shops that will work on the car so it doesn't hurt their pockets and the pre-approved shops are at mediocre at best.
If you can get the car to Coachcraft they will do a very good job on restoring the paint. Best of luck.
#42
Junior Member
Thread Starter
Join Date: Feb 2009
Posts: 30
Likes: 0
Received 0 Likes
on
0 Posts
S55 AMG
He is going over there tomorrow and a couple of other places also. I told him if three different shops told him the same thing, the shop that did the work would have a harder time justifying his work.
So, have you done power upgrades to your E55?
So, have you done power upgrades to your E55?
#44
MBWorld Fanatic!
Sorry to hear he is still having such a horrible experience with his insurance company! You stated that the insurance company selected the body shop... Correct me if I am wrong, but I do not believe any insurance company can dictate where you get repairs performed...