Glad your wife and kids are OK with no injuries. I concur that you should get them checked for soft tissue damage. Work with a car accident attorney and go see a chiropractor for adjustment to see if they can help sue/settle for additional medical payment. The first time I was rear-ended in another car (also by a pickup truck), there were 4 of us in the car and we were able to get $1000 per person injured (the lawyer of course took a huge cut of the settlement).

 

Almost all leases have GAP insurance built in, and that would cover any difference in value...

I haven't seen a MB or Chase lease in the last decade that didn't include it, especially on high end cars... afterall, the leasing company doesn't want the loss either.

http://www.bankrate.com/brm/news/aut...insurance1.asp

My last lease had it and I didn't even ask for it...



Loren

 

One of MB's selling points is the 'Nano-technology' paint which resists scratches and keeps the paint shiny like new. This clearcoat can only be applied at the factory.

How can 36 states say that repair shops can repair the car as good as new when in fact they cannot replicate the factory paint? Its a clear case of diminished value at that point.

 

This is the best advise posted yet. If they are looking at reducing the medical and pain & suffering (yes, juries are instructed that you are entitled to this), they will give you whatever you want for the car. I was in a motorcycle vs SUV accident, where the 19 yr old airhead driving her daddy's SUV had time but decided to turn left in front of me anyway. She was ticketed and everything, but her daddy's ins company still fought me, BUT they did give me whatever I wanted for my motorcycle, which in my case was an amt just under what it would have been if totaled, which I determined by going online and doing my own comparisons - 2xs more than what they valued it. That way I got to keep the bike. If the ins company totals your ride, they take it and THEY, not you, get to sell it for salvage.

Anyway, her ins company knew it didn't look good to fight an injured motorcyclist, just like it won't look good to fight an innocent driver stopped at a light and, especially, her two kids. They will do the most cost effective thing to show good faith (in anticipation of fighting you later on) which is to give you what you want on your car. Compared to the total payout, which is commonly 3xs the medical, it is nothing.

Its a tricky road dealing with ins companies on your own because what most think is the right thing to do, may not be the best thing. Get an atty. First off, you need to know the value of the other driver's ins policy and he can do that most effectively. If its Allstate, cha ching. Most go with cheaper ins companies if they want a low limit policy. Find an atty that will be on your side i.e. recommends you to the right doctors, but ones that aren't just in it to drive up the medical. It will just make you look greedy and in the end cut way into your piece of the pie. Too many attys work with doctors to do this so the two of them make out very well, but you are left with the smallest percent.

 

This is the best advise posted yet. If they are looking at reducing the medical and pain & suffering (yes, juries are instructed that you are entitled to this), they will give you whatever you want for the car. I was in a motorcycle vs SUV accident, where the 19 yr old airhead driving her daddy's SUV had time but decided to turn left in front of me anyway. She was ticketed and everything, but her daddy's ins company still fought me, BUT they did give me whatever I wanted for my motorcycle, which in my case was an amt just under what it would have been if totaled, which I determined by going online and doing my own comparisons - 2xs more than what they valued it. That way I got to keep the bike. If the ins company totals your ride, they take it and THEY, not you, get to sell it for salvage.

Anyway, her ins company knew it didn't look good to fight an injured motorcyclist, just like it won't look good to fight an innocent driver stopped at a light and, especially, her two kids. They will do the most cost effective thing to show good faith (in anticipation of fighting you later on) which is to give you what you want on your car. Compared to the total payout, which is commonly 3xs the medical, it is nothing.

Its a tricky road dealing with ins companies on your own because what most think is the right thing to do, may not be the best thing. Get an atty. First off, you need to know the value of the other driver's ins policy and he can do that most effectively. If its Allstate, cha ching. Most go with cheaper ins companies if they want a low limit policy. Find an atty that will be on your side i.e. recommends you to the right doctors, but ones that aren't just in it to drive up the medical. It will just make you look greedy and in the end cut way into your piece of the pie. Too many attys work with doctors to do this so the two of them make out very well, but you are left with the smallest percent.

 

Lisa,

I couldn't disagree with you more. First off, why would you want to obtain the services of an attorney before entertaining an offer from the insurance company. You certainly don't need an attorney to tell you whether or not you are injured or how long you need to receive treatment. The insurance companies know the game. Exbeemer is going about this the right way. Get the treatment, make sure everybody is OK, then find out how much the insurance company is willing to offer. Having more year of experience in that business than I care to divulge, I know that the easiest way to get a "fair" settlement is to do it without an attorney. Remember, the attorney is going to take 1/3 of the settlement. That's a substantial piece of the pie. If it's the adverse party's insurance policy limits you are worried about, ask the adjuster. If the adjuster won't tell you, ask if you will need to place your insurance carrier on notice for an "underinsured motorist" claim. I'm not against attorneys but I believe that in most cases that don't involve "serious and complicated issues/injuries" the injured party is better off handling it without an attorney. This is not the lottery (as many people believe it is when you are rear-ended). There is nothing wrong with a fair settlement and if you are not satisfied with the vehicle damage (Physical Damage) settlement, then you "make it up" in the injury portion. Again, the insurance company knows the game. If Exbeemer needs some advise, he probably knows where to get it without having to pay.

 

I was hit by a 90 year old running a red light about a month ago. It was considered his fault by the police report. To speed things up my insurance company offered to fix it right away and chase the other company themselves. The flaw is that I would have to pay the deductable up front and get it reimbursed through the other company. I thought it was insane for me to cough up 2 cents for someone's mistake. I just called state farm everyday for about a week until they expcepted fault.

The problem you have yet to incounter is the dicknose appraisers. "oh they know what they are doing very well" I was told by state farm. Really.....I'm standing there when the guy comes by my work to see the car. He runs the car as a C280(same chasis) but different when it comes to parts. No C43 in the database. There may be no E55 as well just so you know. So I explain the difference in an AMG bumber, AMG wheel, etc....."oh we see this every day and know what we are doing"....really???

So state farm comes up with $1150.00. Knowing nothing about body work myself I told the guy "horse ****" it will cost at least $2000.00. So he says "let the bodyshop figure it out". "so why are you here then??" I asked. So I get the check a couple days later and the car goes in. The body shop puts $1150.00 into the car and guess what...it's half done. So the nerd from state farm has to drive all the way back out and see how far off he was. Total cost was $2250.00. I hate to be an *** about anything, but be a real dick with this. They will take it to you with any chance they get to save a $$.

I'm ending my rant with a good question, does anyone know how to find out what states cover the "diminishing value" fator?? Now lets say NH does this and I've already had repairs done, could I still go after them for this???

Good luck man, I'm pissed again just seeing this. I understand your pain.

 

I just did a quick internet check on your question and the only thing I could find is that as of 2003, New Hampshire did not have any State Supreme Court case law addressing the issue. The other thing you need to consider is whether or not you signed any type of "release of claims" for the repairs to your vehicle. It would have originated with the adverse insurance company. If you signed it, then you would most probably have no further recourse with regards to the damage to your vehicle.

 

Allstate is the worst insurance company. They have an internal policy which rewards their claims adjusters for denying payment. THEIR COMPANY POLICY IS TO ALWAYS DENY. The other insurance companies know this and don't want to "dick around" with them. Chances are if you let your own company subrogate this claim they will make a minimal effort with Allstate and then stick you with the deductible. You can NEVER get diminished value from your own company even if the other guy was at fault - so you'll be giving up any hope of that as well.

With regards to an attorney you may have to at least threaten one to get the company to budge.

 

Good advice all!

I like Rudy's ideas and will approach the adjuster with a firm but pleasent demeanor. I'll inform him that if this car is to be fixed, he'll be hearing from me anytime the repairs are not right. I will become his life's work! Plus with a two to three month repair, I'll need to rent a car. I'm entitled to a car of similar value to my loss, so my rental car company is trying to find me a Caddy (CTS or STS) to rent. That'll chew up some big bucks.

In my conversation with Allstate today, they finally admitted their client was at fault. (they drug their feet for over a week) Now they are saying that,"of course you can secure a lawyer, but we'll work out a settlement with you that will make you happy and save the expense". I told her that as long as they continue to work with me to,"make me financially whole" from this incident a lawyer may not be necessary.

I'll wait to see how genuine their efforts will be. But I will sign nothing until I am satisfied that everythings back to the way it was before the accident. (Including the my families health and diminished value of my baby!)

As so many of you had warned me, my wife felt fine after the accident, but several days later she began experiencing pain and, "muddy thoughts" as though in a fog. After seeing her doctor today, she was informed she has a concussion. My son gets his appt. next week.

Friends...Beware... it seems like I'm reading of more accidents with our beloved cars as of late. (Or maybe I'm just more sensitive to it now)

Tony

 

allstate is a pain in the *** to deal with.......they don't care.....i had a c-class for over 3 months which the bill alone was over 3,000......damage on my car was over 11,000 and they still fixed everything.....maybe getting a lawyer is your best bet....

 

First of all it is no longer a third or 40% or 50% or whatever the atty wants. There is now only a set percentage (just under 1/3, but that's it) the atty may take. Second, your thinking is the reason ins companies are quick to offer like $15,000 for everything before someone can get an atty and get the amt they are entitled to, like $100,000, which I got. (I guess some people think life ain't worth livin without a few aches and pains, so they just take the quick 15 thou before figuring out the long-term effects.) Being in the legal field I handled my case myself and only paid an atty $300 to send a letter, which I had a hand in forming, when the ins company tried to scare me with a big law firm. After the letter, they folded and gave me the full amt of the policy. What was your experience again?

Even your own ins co is NOT your friend. They are NOT on your side, in fact, they are the opposition. Their goal is to DENY, DENY, DENY and they are GOOD at it. People without an atty, thinking if they are right and good with the ins co, get chewed up every day, every hour, probably every 5 minutes by ins companies. Most don't know the ins and outs of dealing with such a case and need a lawyer on their side. I would rather negotiate with a lawyer ahead of time for a lower percentage, or just have him on retainer, than with the insurance company any day.

Trust the insurance company to pay the claim fairly... that's a good one.

 

WOMEN.....

 

Lisa,

Thanks for your reply. You bring up several interesting points. First, exactly how much money will make you "feel better" about your injuries? $100,000 will certainly pay for several visits to the neighborhood chiropractor, say, for the next 20 years.

I also disagree with your use of the word, "deserve." Unfortunately, the attitude of this country is one of "unjust enrichment." That's why we are losing our doctors, why our insurance rates are astronomical and why you can't even sneeze without worrying about who is going to sue you.

I do have many years of experience in the insurance industry as an owner and operator of an independent claims service. Sure, I guess you could say that my opinions are somewhat jaded towards the insurance side but only because I think the greater evil lies in the greedy nature of some people who think they "deserve" more money.

I'm happy to hear that your letter got the results you wanted. I just know from my experience that almost every simple whiplash claim is going to come with a letter from the local TV attorney's office. Big deal. Most of those guys don't even know the way to the courthouse. Claims get paid, most of the time they are over paid. That's my experience.

 

That's a reason to buy a E 63...........