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Run Off the road

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Old 11-10-2008, 11:27 AM
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Run Off the road

Got run off the road Friday evening and hit the curb. Lady in Jeep tried to change lanes (turn from left lane into right lane) and I was there! Hit my driver’s side mirror and I went left to avoid more damage and hit the curb with both right side wheels and tires. Bad curb rash on both wheels and tires. Worse part is some significant right front suspension damage. Right front wheel is toed out about 15 degrees and is moved back in the wheel well about 1 inch. When I drove home after the police investigated, the steering wheel was 45 degrees off center and the ESP warning came on. First thing Saturday morning I dropped the car off at the MB dealer and the lady’s insurance company called to say they would pay for it (good news). I will see the adjuster this afternoon. Quick question. I know that they will try to steer me (no pun intended) to a “preferred” shop and that they will try to pay for just the right front tire. I would like some advice on how to deal with the insurance folks to get them to replace the fronts as a pair (they are about 50% worn) and to make sure the MB dealer fixes the suspension. The only body damage is to the right under side of the front spoiler. Also, I have seen people talk about diminished value as a result of an accident and the ensuing Car Fax report. Any ideas on how to address this with the insurance company? Thanks for listening.
Old 11-10-2008, 06:07 PM
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2006 SLK 55 amg, 2002 CLK 430 Cab (hers), 1989 944 Turbo (sold), CLK 500 (sold), 125cc shifter kart
Because of the issues with stagger most likely both tires will need to be replaced (the slightly larger unworn tire will cause alignment issues). The damage sounds extensive enough to the suspension arms that the car should be repaired by the dealer; not some hack body shop (not all body shops are hacks, though...) As for the Car Fax report, most likely it will appear on the report since both the police and the insurance companies were involved. I would most definitely fight to be compensated for this. you and I would never buy a car with a negative Car Fax report unless there was a significant discount. Good luck and let us know how it unfolds.
Old 11-12-2008, 03:30 PM
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Word to the wise, ask for the insurance policy, as some policies are now specifically not including "diminished value" as a covered item. I do personal injury law here in FL and I've seen a rise such exclusions over the last year or so.
Old 11-13-2008, 07:51 AM
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That would probably be the case with my insurance company, but the other party's insurance company is the one paying. I have no contract with them (as I would with my insurance company).
Old 11-13-2008, 08:16 AM
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Doesn't matter, their insurance company could exclude it as well, at least under Florida law. If they bring it up, be sure to request a copy of the policy. I'd contact a reseller (or even wholesaler) and have them do an affidavit on diminished value as result of positive hit on the index now. I know I passed a couple of SLK's when I was looking, so diminished value does exist.
Old 11-14-2008, 08:43 AM
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Thanks for the advice. I will see if CarMax might do that. I guess I might have to hire a lawyer, ugh (only kidding).

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