W211 AMG Discuss the W211 AMG's such as the E55 and the E63
Sponsored by:
Sponsored by:

Got into a fender bender last night... Other owner is being a pain

Thread Tools
 
Search this Thread
 
Rate Thread
 
Old 05-26-2010, 10:26 PM
  #26  
MBWorld Fanatic!
 
220S's Avatar
 
Join Date: Sep 2008
Posts: 4,336
Likes: 0
Received 7 Likes on 7 Posts
Porsche 991S, Cayenne S, 1972 BMW 3.0CS E9 Coupe
Originally Posted by QuadBenz
When my wife was rear-ended a few times in our old GL, the police came each time (2) without any injuries.
I guess I was in the wrong part of town

The dispatcher asked me if anybody was hurt, I said no and she said the cops don't come unless there are injuries. But she did ask if we were off the road enough for traffic to still flow easily.

Maybe it depends on where, time of day, who the dispatcher is, etc..
Old 05-26-2010, 11:38 PM
  #27  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
I've called him several times today to get his son's insurance info and he finally called me back. He said that he had no problem with giving me the info but he wanted to talk to my parents first (wtf?). I told him that I'm 21 and there's no reason to involve them, then he said that he wouldn't go any further until he spoke to them. I guess he figured he couldn't scare me so he wanted to try them. I gave the phone to my mom and she basically just listened to what he said and then I heard her say "You have insurance right? Why don't you just go through that?"

He basically said that he was going to contact Beverly Hills Police and then he said bye and he hung up. I called a few times to get the insurance info and he didn't pick up. Can I do anything legally since he's avoiding my calls and avoiding giving me the info? My parents wanted me to be nice, but after I said that he basically called me a thief and threatened me, they understand why I want to take this as far as possible.
Old 05-27-2010, 12:54 AM
  #28  
MBWorld Fanatic!
 
220S's Avatar
 
Join Date: Sep 2008
Posts: 4,336
Likes: 0
Received 7 Likes on 7 Posts
Porsche 991S, Cayenne S, 1972 BMW 3.0CS E9 Coupe
BHP can't do anything and they won't. Unless he's got a pal who owes him a favor and who has a LAPD pal who in turn owes him a favor. Cops are like that. But it's still just hot air.

You might have to end up getting your insurance company to sue him. Or simply tell him you're taking it up with an attorney, and stop contacting him. Attorney will cost you, but you can recoup later.

The guy obviously doesn't see the damage and thinks you're scamming him. Unfortunate situation, but litigation of some sort may be the only recourse.
Old 05-27-2010, 01:11 AM
  #29  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
Originally Posted by 220S
BHP can't do anything and they won't. Unless he's got a pal who owes him a favor and who has a LAPD pal who in turn owes him a favor. Cops are like that. But it's still just hot air.

You might have to end up getting your insurance company to sue him. Or simply tell him you're taking it up with an attorney, and stop contacting him. Attorney will cost you, but you can recoup later.

The guy obviously doesn't see the damage and thinks you're scamming him. Unfortunate situation, but litigation of some sort may be the only recourse.
I talked to a lawyer (sister in law) and she told me what to do. I'm taking the proper steps. If I don't get the information soon enough I'll have no choice but to report him to the DMV as an uninsured motorist, because at this point that's the only logical conclusion that I'm coming up with.
Old 05-27-2010, 01:57 AM
  #30  
Junior Member
 
t-im's Avatar
 
Join Date: Jan 2008
Posts: 15
Likes: 0
Received 0 Likes on 0 Posts
Benzo
Originally Posted by W211 BEAST
I talked to a lawyer (sister in law) and she told me what to do. I'm taking the proper steps. If I don't get the information soon enough I'll have no choice but to report him to the DMV as an uninsured motorist, because at this point that's the only logical conclusion that I'm coming up with.
I've had a similar incident when I was in Canada - this kid backs his truck into my parked BMW..sets my car alarm off, and everyone turns around, including me (I was parked on a street with 4 restaurant patios, and it was the middle of summer)...

Long story short, I forgot to ask for his insurance information (first time anything like that ever happened to me even though at that point I've been driving for nearly 7 years), and he kept refusing to give me his insurance information after the fact because he was trying to settle privately with me (offering me $100 to fix my bumper at Maaco..).

I filed a police report (by law, if it's over 1k damage you have to, and anyone else involved has to do so also) and the police kept trying to reach him for a week to no avail.

This one cop finally had enough and finally reached the kids parents and told them if he didn't come in, they'd charge him as an uninsured motorist and send a car down to haul him in. From his police report I got his insurance info and went through my insurance. Final bill: $2000. Cops commented that I was being a bit too nice even considering trying to settle privately. Now, in any instance like that, I don't even entertain the idea of settling privately. It gets too messy, and most people never like the estimate numbers you give them.
Old 05-27-2010, 03:22 AM
  #31  
MBWorld Fanatic!
 
MB_Forever's Avatar
 
Join Date: Nov 2006
Location: California, USA
Posts: 9,137
Likes: 0
Received 4 Likes on 4 Posts
E63 P30, CL500 Sport
Originally Posted by W211 BEAST
I talked to a lawyer (sister in law) and she told me what to do. I'm taking the proper steps. If I don't get the information soon enough I'll have no choice but to report him to the DMV as an uninsured motorist, because at this point that's the only logical conclusion that I'm coming up with.
Don't wait and don't waste time at the DMV. Contact your insurance company now and file a claim AS SOON AS POSSIBLE. Give them whatever information you have on the guy, and let them fix your car, then they can collect from him whenever they can. They have a lot more resources than you do, and will collect their money one way or another. Remember.... everyday that passes by without you filing a claim with your insurance company essentially weakens your case. Don't worry about your premium going up because in a case like this, it is very easy to prove that it was his fault.
Old 05-27-2010, 03:34 AM
  #32  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
Originally Posted by MB_Forever
Don't wait and don't waste time at the DMV. Contact your insurance company now and file a claim AS SOON AS POSSIBLE. Give them whatever information you have on the guy, and let them fix your car, then they can collect from him whenever they can. They have a lot more resources than you do, and will collect their money one way or another. Remember.... everyday that passes by without you filing a claim with your insurance company essentially weakens your case. Don't worry about your premium going up because in a case like this, it is very easy to prove that it was his fault.
Ok, I'll call them tomorrow. I know the guy's name and his insurance carrier. At least I know what insurance he SAID he has. I'm gonna call one more time tomorrow and try to get whatever info I have, if not I'm just gonna call my insurance and say that he was an uninsured motorist, because as far as I know he is.
Old 05-27-2010, 03:47 AM
  #33  
MBWorld Fanatic!
 
chiromikey's Avatar
 
Join Date: Jun 2006
Posts: 6,649
Received 207 Likes on 157 Posts
'03 E55, Range Rover Sport Supercharged, Ducati 748R
i deal with the back end of this kind of stuff all day long and this is the best advice given thus far...

Originally Posted by SANDOVAL
Some of this won't help you now but in the future:

- If you can.... find a witness at the scene immediately.
- Always exchange insurance if he/she wants to pay out of pocket and avoid insurance premiums they can always make that call with their insurance company. But it's not your obligation to dick around with it.
- Snap pics of the accident immediately, camera phone or whatever....
- Always call the police unless your on private property then they might not come.... Did I say find a 3rd party witness who is willing to give you their number and back up the facts.

* I personally call their insurance company on the spot to verify they have the insurance they say they have. I've been in a few no-fault accidents. I've learned my lesson. The last time the guy hit me from behind and then tried to outrun the E55 in his Olds AGX... A-Hole.
Old 05-27-2010, 04:50 AM
  #34  
MBWorld Fanatic!
 
mikey33's Avatar
 
Join Date: Apr 2008
Location: Arizona
Posts: 2,540
Likes: 0
Received 4 Likes on 4 Posts
2004 E55, 1997 E320 "Sold"
Litigation is the worst! I am about to go to trial with a large construction company who damaged my car and does not want to pay. I have every piece of evidence possible except I did not file a police report, but I do have a witness, so hopefully I can win. My bill is over $7000.
Old 05-27-2010, 05:15 AM
  #35  
Member
 
osocold707's Avatar
 
Join Date: Mar 2003
Location: Bay Area
Posts: 176
Likes: 0
Received 0 Likes on 0 Posts
Merc
I get the persons insurance #, D/L, VIN, everything. Plus I do all the other stuff that has been mentioned. I think I filed the police report online before to
Old 05-27-2010, 06:58 AM
  #36  
MBWorld Fanatic!
 
Chappy's Avatar
 
Join Date: Jul 2002
Location: Hotlanta
Posts: 9,731
Received 62 Likes on 53 Posts
AMG
Originally Posted by MB_Forever
Don't wait and don't waste time at the DMV. Contact your insurance company now and file a claim AS SOON AS POSSIBLE. Give them whatever information you have on the guy, and let them fix your car, then they can collect from him whenever they can. They have a lot more resources than you do, and will collect their money one way or another. Remember.... everyday that passes by without you filing a claim with your insurance company essentially weakens your case. Don't worry about your premium going up because in a case like this, it is very easy to prove that it was his fault.

Outstanding advice.

To the OP. Being "nice" has now cost you your deductible and quite possibly an insurance hike. If they deny ever having been involved the case - your carrier will drop their subrogation efforts - the claim will be pinned on you.
Old 05-27-2010, 08:03 AM
  #37  
MBWorld Fanatic!
 
novae500's Avatar
 
Join Date: Jan 2009
Location: Northern VA
Posts: 3,182
Likes: 0
Received 14 Likes on 13 Posts
W211
-call your insurance co and make a claim. They will go after the guy's insurance co and let them work it out.

hope it all works out in your favor. Any collison, exchange info at the spot and call the police if more than $500 damages.(thats VA i believe)
Old 05-27-2010, 10:11 AM
  #38  
Member
 
Xander Crews's Avatar
 
Join Date: May 2010
Location: VA
Posts: 122
Likes: 0
Received 0 Likes on 0 Posts
95 E300D, 97 FZJ-80
Originally Posted by badblackbenz550
Always let the insurance handle this ****, thats why you pay for it, let it be their headache not yours you have other thing to do.
The guy does sound like a *****, i say you check with doctors even a small hit like that can cause your spinal disc to shift.
Yup. ALWAYS file a police report and deal with the insurance company, regardless of how minor the accident might look.
Old 05-27-2010, 10:58 AM
  #39  
Member
 
E500 Benzo's Avatar
 
Join Date: Jun 2007
Location: Bethesda, MD
Posts: 129
Likes: 0
Received 0 Likes on 0 Posts
2003 E500 Sport, 1995 SL320
-call your insurance co and make a claim. They will go after the guy's insurance co and let them work it out.
+1 don't even worry about this *****... call your insurance and report it there 1st... the longer you wait, the sooner the case turns into "he said/she said"... this also gives the guy the chance to make up some more BS, like the fact that you damaged the bumper yourself afterward (and because you didn't report it right away, you have no way of proving him otherwise)

and don't worry about the whole BHPD thing... its completely bull****. unless u were hit in Beverly Hills. even if that was the case, what are they going to do? arrest you from getting hit while stopped? more BS.

your insurance has the knowledge, know how, patience, and more importantly muscle to deal with this... don't waste your time trying to fight and pursue this ***. insurance wont stand for this, they'll sue the guy or throw him in jail for insurance fraud.

just call them and say you were hit from behind (while parked)... give them the name(s) address and license plate number of the ******* family, and tell them that the dad is being hostile, and withholding his insurance info. your insurance will then go and tear this guy a new one.

and the best part... even after you report this to your insurance, your rate will never go up as a result of this incident (since you were never in the wrong on this one)... in fact, getting him from behind (especially while stopped) is one of the clearest cut liability cases possible.

I've totaled more benzes than most people have owned in a lifetime... i eventually learned to just let my insurance handle everything (always).

Last edited by E500 Benzo; 05-27-2010 at 11:22 AM.
Old 05-27-2010, 06:42 PM
  #40  
Senior Member
 
Lopes80's Avatar
 
Join Date: Dec 2008
Location: London
Posts: 343
Likes: 0
Received 0 Likes on 0 Posts
E55 AMG
Originally Posted by chiromikey
i deal with the back end of this kind of stuff all day long and this is the best advice given thus far...
+1

I'm in the bodywork business, I too see this all the time, problem is, if there is not witnesses is basically your word vs his, he could actually turn around and say you hit him, obviously it may be difficult to get away with in this particular case never the less that sh*t happens all the time and people learn the hard way.

Also the price you were given is an estimate only (subject to dismantling) so it could cost even more.

Like for like car whilst yours is being repaired? our hire bills are sometimes more than the actual repair.

No whiplash??

People don't realise how quick repairs can get very expensive on high end cars..

Put it through a non fault accident management company, they will have his insurance company pay for your repairs/hire car/losses, etc..
Old 05-27-2010, 07:45 PM
  #41  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
I called ***** today one last time to try to get his kid's insurance info. He picked up, said he's call me with it after work and then he hung up on me. 10 minutes later I was on the phone with my insurance company (Progressive) telling them exactly what happened. I even told them about how he threatened me with police action and how he has been dodging my calls. I said he might be an uninsured motorist. They said they'd look into it.

For now I'm taking my car in for Progressive's people to take a look at it (idk why) in the morning. And hopefully I'll be seeing my chiropractor in the morning.
Old 05-27-2010, 07:51 PM
  #42  
Super Moderator

 
nlpamg's Avatar
 
Join Date: Oct 2002
Location: So Cal.
Posts: 8,692
Received 58 Likes on 16 Posts
2019 GT3 RS, 2017 M3 30 Jahre
Originally Posted by W211 BEAST
I called ***** today one last time to try to get his kid's insurance info. He picked up, said he's call me with it after work and then he hung up on me. 10 minutes later I was on the phone with my insurance company (Progressive) telling them exactly what happened. I even told them about how he threatened me with police action and how he has been dodging my calls. I said he might be an uninsured motorist. They said they'd look into it.

For now I'm taking my car in for Progressive's people to take a look at it (idk why) in the morning. And hopefully I'll be seeing my chiropractor in the morning.
oh man. when he calls you do the same. tell him you've already contacted your insurance company and you have nothing further to tell him and promptly hang up.

good luck.
Old 05-27-2010, 08:44 PM
  #43  
Member
 
Xander Crews's Avatar
 
Join Date: May 2010
Location: VA
Posts: 122
Likes: 0
Received 0 Likes on 0 Posts
95 E300D, 97 FZJ-80
Originally Posted by nlpamg
oh man. when he calls you do the same. tell him you've already contacted your insurance company and you have nothing further to tell him and promptly hang up.

good luck.
No...just stop the stupid phone tag bull**** and let your insurance company deal with him. You can't reason with unreasonable people...don't waste your time trying.
Old 05-28-2010, 12:07 AM
  #44  
Newbie
 
mgreene's Avatar
 
Join Date: May 2010
Posts: 6
Likes: 0
Received 0 Likes on 0 Posts
Researching E55
Sorry to hear about your accident.

This might be of help for information:

http://www.calbar.ca.gov/state/calba...=10581&id=2174
Old 05-29-2010, 01:44 PM
  #45  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
I went to the chiropractor yesterday, he said the crash actually did mess up my lower back. He set me up on the muscle relaxing machine and then he adjusted me. I have to go back THREE times next week. Who has time for that ****?
Old 05-29-2010, 04:07 PM
  #46  
Esh
Super Member
 
Esh's Avatar
 
Join Date: Apr 2008
Location: Glendale, AZ
Posts: 917
Likes: 0
Received 1 Like on 1 Post
E55
Alright so you didn't handle this properly at the beginning, but you should still come out ok.

1. Always get insurance info on the spot. This doesn't mean you are going to use it if you decide to settle privately.

2. Get pictures of accident location, vehicles involved, and any damages on the cars or on the ground.
3. Contact your insurance as soon as possible and before you speak to their insurance. If you are planning to settle privately, tell them this. Time is critical in accidents.

4. No matter how well you know the other party involved, keep conversation to a minimum. If you are settling privately, tell them you will call them with an estimate and not until then. Tell them that if they have a problem with the estimate, your insurance has already been contacted and the case will be turned over to them.

5. Never engage in hostile contact with the other party. Walk away and let authorities or insurance handle it.

Going forward with your claim I would turn them in as an uninsured motorist, report it to your insurance, and wait. Don't speak with the dad, he has NOTHING to do with the case. Obviously you are not going to be settling privately, it's not like the son hit your 1990 Civic, so don't talk to them. Be patient. It may take more time now than it would have then, partly because you didn't get insurance info on the spot.

Lesson learned and move on.
Old 05-29-2010, 05:42 PM
  #47  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
Originally Posted by Esh
Alright so you didn't handle this properly at the beginning, but you should still come out ok.

1. Always get insurance info on the spot. This doesn't mean you are going to use it if you decide to settle privately.

2. Get pictures of accident location, vehicles involved, and any damages on the cars or on the ground.
3. Contact your insurance as soon as possible and before you speak to their insurance. If you are planning to settle privately, tell them this. Time is critical in accidents.

4. No matter how well you know the other party involved, keep conversation to a minimum. If you are settling privately, tell them you will call them with an estimate and not until then. Tell them that if they have a problem with the estimate, your insurance has already been contacted and the case will be turned over to them.

5. Never engage in hostile contact with the other party. Walk away and let authorities or insurance handle it.

Going forward with your claim I would turn them in as an uninsured motorist, report it to your insurance, and wait. Don't speak with the dad, he has NOTHING to do with the case. Obviously you are not going to be settling privately, it's not like the son hit your 1990 Civic, so don't talk to them. Be patient. It may take more time now than it would have then, partly because you didn't get insurance info on the spot.

Lesson learned and move on.
+1 thanks. I definitely learned my lesson. And one of the things that I truly believe is that we learn more from our mistakes than we do from our accomplishments, this definitely confirms that.
Old 06-04-2010, 01:58 PM
  #48  
MBWorld Fanatic!
Thread Starter
 
W211 BEAST's Avatar
 
Join Date: Feb 2008
Location: Los Angeles, California
Posts: 2,230
Likes: 0
Received 1 Like on 1 Post
2006 E55 BEAST
Before I write this post I want to admit that the entire reason that this thread even had to start was because I was a dumbass and I didn't get the other party's information at the scene of the crash. Yes, the other driver is being a ******, but it could have been avoided if I was on top of everything when the crash occured. Now, there's no reason for us to go into that. It was my fault and I learned my lesson. Now...

My insurance is having a problem getting this guy's info. THey keep calling the dad and the dad is dodging their calls, or picking up and saying he'll call them back. Lol. All I have is their names (dad, driver (son) and the daughter) and the phone numbers for the dad and daughter (cell phones) and I know where the dad works. Short of following him home from work (which I can do on Monday if needed) how can I use the info I have to get the info that I need (address/insurance info)? Can I have an attorney subpoena his personal info from the school that he works at? Any tips would help. If I can't get any info by Monday I'll just have to figure it out the hard way.

Thanks.
Old 06-04-2010, 02:02 PM
  #49  
Super Moderator

 
nlpamg's Avatar
 
Join Date: Oct 2002
Location: So Cal.
Posts: 8,692
Received 58 Likes on 16 Posts
2019 GT3 RS, 2017 M3 30 Jahre
Originally Posted by W211 BEAST
Before I write this post I want to admit that the entire reason that this thread even had to start was because I was a dumbass and I didn't get the other party's information at the scene of the crash. Yes, the other driver is being a ******, but it could have been avoided if I was on top of everything when the crash occured. Now, there's no reason for us to go into that. It was my fault and I learned my lesson. Now...

My insurance is having a problem getting this guy's info. THey keep calling the dad and the dad is dodging their calls, or picking up and saying he'll call them back. Lol. All I have is their names (dad, driver (son) and the daughter) and the phone numbers for the dad and daughter (cell phones) and I know where the dad works. Short of following him home from work (which I can do on Monday if needed) how can I use the info I have to get the info that I need (address/insurance info)? Can I have an attorney subpoena his personal info from the school that he works at? Any tips would help. If I can't get any info by Monday I'll just have to figure it out the hard way.

Thanks.
Ask your cousin or cousin's wife to look him up on Lexis.
Old 06-04-2010, 02:13 PM
  #50  
MBWorld Fanatic!
 
Chappy's Avatar
 
Join Date: Jul 2002
Location: Hotlanta
Posts: 9,731
Received 62 Likes on 53 Posts
AMG
My strong advice is to let your insurance company handle it from here.


You have already rated this thread Rating: Thread Rating: 0 votes,  average.

Quick Reply: Got into a fender bender last night... Other owner is being a pain



All times are GMT -4. The time now is 08:21 AM.