Hey, a few days ago I was on my way home, about two street down from my house. I was driving on a street with no stop signs with many intersecting streets with stop signs. Some ******** in a Toyota sienna decided to run a stop sign right in front of me and this is the result of his stupidity. I was travelling at about 45-50 km and hit him on the driver side front wheel and door. The car was an 05 with 51,000 kms on it.

 

Damn man, I'd be pissed! Are you okay? Is the car totaled? How much will insurance cover?

 

what a shame! glad you are ok!

 

Sorry bro! And sorry for kidding, your car looks like McQueen

 

Had a bit of a headache the morning after the accident. Wrists and hands hurt from holding the wheel on impact and from the airbags. Knees are a little banged up but overall I'm happy that it was nothing serious. Thanks for you concern. Insurance is trying to pay out 18,000 for the car according to their ''red book value''. I understand that these cars depreciate quite a lot with higher mileage but my car had just turned 51,000 kms. I have to call my adjuster and argue the payout plus I just put on new pss' all around the day before this happened. And lol thats exactly what i was thinking when i saw the car looks like it came straight out of the movie.

 

yes 18000 is too low for that car.

 

Glad you're ok. Car appears to be totaled just from those pics ... was anything leaking? Does the car start? Key questions when talking to your adjuster. Did you give a recorded statement to the ins yet? That car is worth over 18 grand, as long as it was clean before the accident.

There are so many stupid drivers out there that simply DON'T pay attention when they drive. Hang up the phone, stop eating your sandwich, stop playing with the radio... JUST DRIVE!

I would've probably knocked the guy out (I'd go to jail for it, but still would've knocked him out to get some sort of relief).

 

18 is way low, I'd take at least $22k

 

Yea the car was leaking coolant and oil. It made some pretty nasty noises before the motor shut off and im pretty sure the crank pulley got hit pretty hard. But i was in shock for a solid hour after the accident so couldnt really think straight. Yea i have to show them current market value for the car. In Toronto e55's are going for upwards of 25,000 with 50-70,000 kms. And yep some people need to pay more attention to the road an extra 5 seconds to stop at the stop sign could have prevented this.

 

Know any lawyers that could do you a favor?
One letter should net you at least $30k, provided you are willing to sign a waiver of future damages.

Good luck!

 

Leaking coolant and oil + the motor shut off ... car will definitely be totaled.

I'd start gathering documentation to support why you think the car is worth 22-25K right now. Everything from autotrader, cars.com to the forum selling prices. You need to support it as much as possible. They simply won't be able to refute it. If they refuse your claim of why you want this sort of money, tell them to back it up with why they believe you should only get $18K. They will either a) not provide anything, in which case a lawyer may be in order, or b) pay out what you ask to close the case. If things really get hairy and troublesome, threaten with a letter to the insurance regulator claiming bad faith as they are not supporting with evidence why they are only paying you $18K when you are finding the car is worth several thousand more.

What is your ins policy? Do you have RCV or ACV? Replacement cash value is much better in cases like this because the ins co is REQUIRED to pay you the right amount for you to go out and buy the same car in the same condition, similar mileage, similar look for the previous car. Basically, in layman terms, to make you 'whole' as if the accident never happened. Actual cash value is bit more difficult and requires more effort on your part because the burden of proving to them that your car is in fact worth more than what they want to pay you. It requires more effort, but is absolutely doable.

To be honest, since you were hurt and the ins co is giving you crap for the value, I'd say getting hold of a solid attorney might be the best route at this point. Closer to $30K all said and done. Failing to stop at a sign stop is worse than rear ending someone, the person was breaking the law and the person's negligence resulted in someone else's injuries and property damage.

Good luck!

 

Ouch. Hope it all works out for you in your favor.

 

Was that their insurance adjuster? or yours?
That amount is way too low.

Let me know if you decide to part out. I need an interior trim bit.

 

It was my insurance adjuster who gave me the price. and Armo i just called my broker and she said I have RCV so as you said i will gather as many documents as i can find to help my case. Its hard enough finding an e55 with 50,000 kms around here but i can find some that are close enough. Thank you for the advice it is much appreciated. This is why I love going through these forums. A lot of knowledgeable people roaming around. I am going to call the adjuster today and ask him to meet in person if that is possible and show him what the car is actually worth. Worse comes to worst I will contact a lawyer and take it from there.

 

18000 sounds like the price of a E320. Maybe they gave u the wrong value for the car?

 

sorry to see.

i live in toront as well. and the e55s are very rare. people are selling them for $18k with 190km.

mine just hit 90km and i wont sell it for less than $30k

 

1. see your doctor, injuries sometimes take a while to manifest
2. get a lawyer to address your rights to compensation from the other driver
3. tell your insurance company to fix it, if you have collision coverage
4. keep bills for recent expenses, ei, tires, brakes etc to further the value
5. look on web for similar cars with similar mileage if your insurance co refuses to fix
6. by chance was the other driver texting or using a cell or other wise distracted, this will prove negligence, and make it easier to sue his butt. This will surely make you and the lawyer representing you smile. $$$$

Good Luck

 

Negligence is established by the other vehicle running a stop sign(violating a traffic law) thus causing personal and property damage because of that particular act. The ins co will pay out for doctor visits, chiro/PT, pain and suffering, missed work etc. for his injuries (the attorney will take care of the court side of it for damages, if the OP decides to take this route). In very simple terms, a person has acted negligently if she has not acted with conduct expected of a reasonable person acting under similar circumstances, which in this case, the other driver clearly did not by running a stop sign. Whether he was on the cell phone or not, the negligence piece of it is present.

OP needs to prove nothing regarding the above, only what the car is worth through RCV under his policy.


OP - document everything is the best piece of advice if you decide to take the legal path. Did a cop show up? Get his police report or at the very least, all his info (name, district, badge number, cell phone number etc.).

 

Glad you're ok. Cars can be replaced a lot easier than people. Sorry to see her wrecked like that.

 

Glad you are OK. Insurance company normally pay a bit higher than KBB. Your car should worth about $25K from insurance company. 50K KM is about 36K miles only !!!

 

Dig up old ebay auctions for cars of similar condition, and show that well maintained Mercedes go for more than ones of unknown condition.

If you part it out let me know I also need a few interior bits!

 

Im also in Toronto...thats way too low

 

Glad to hear you are ok. Like many have said before, metal can be replaced, skin & bones not so much! Good luck with the insurance case

 

Dang epic fail on the toyota

 

what a fookin' mook!!!!

hope you get it resolved