Thanks. Its not good in this area either.

Again I would like to see more photos of the damage. Unless you took out your lower pan and crank pulley I am pretty skeptical of the cost to repair.

Regardless of dealing with an indy repair shop or dealership you still need to get your vehicle fixed at a reasonable rate. Most of us here on the forums would like to save some cash and pocket it, but still fix the vehicle to our standards at a reasonable rate. Again $30k seems like an insane amount of money. I know certain parts are going to come from the dealership but I've seen a few members selling USED OEM parts for almost 1/2 of the cost. I am not saying go buy some aftermarket sunveer front bumper, or Taiwan headlights, you're buying OEM quality USED.

I am not sure if you had a bad experience with used parts or an indy repair shop but you keep telling yourself one of 2 things:

I am getting f*cked by insurance (boohoo the car is worth what it is unfortunately unless you prove them wrong)

I WANT to get raped by my mbz dealer because I want to buy everything new and help them make more money. I understand the reasoning but again, everyone is human and the dealership still has a chance to f*ck sh*t up, but they'd be charging you full price on parts and $200/hr on labor.

Again that's the situation you put yourself in reading your responses. But I can not make that choice for you, all I can say is best of luck in whatever you decide.

Thanks. I understand and appreciate your points.

It took out the pan the pulley and a whole lot more.

See now we are getting somewhere! Baby steps my man.

So at this point I'm guessing the engine is toast (or easier to replace the whole thing) and you're looking to replace it. My next question would be everything warranty related. How long? What will it cover? Will it over lap your original warranty? They're going to take 30k for work and I'd really be on top of what they would like to cover. How long is this process going to take? Will your insurance cover an "additional" cost to operate another vehicle (rental car) etc and will they cover 3 weeks of driving another car. Are you making payments on the car, if so then any "comparable" rental car will be covered for sure without a headache. But most importantly don't let this drag out forever. If you want MBZ to repair the engine get them to do a full estimate once your body panels have been removed. Spend the $500 towing the car around out of pocket, since you will be covered for those expenses.

I glanced at the repair estimate or whatever you attached, they were offering 33k to replace the car or to repair it? I wasn't sure what it was for.

Guys, there is no way an insurance company will put in 30K for a car they value at 34K. Best to look for comparable car, the ins co. will pay for a rental only until the cheque is signed and the case is closed. They will not continue to pay for a rental while he searches for another, lets be real here.
Not sure just where the above is going with "warranty" or "are they going to fix it or repair it" ha ha it is a 6 year old totalled wreck. No pun intended.
If the engine did take a blow then there could be frame damage as the engine is connected as well as possible trans, driveshaft and rear axle, this on top of floor damage from the rocks and all damage behind the grill/bumper, someone here actually thinks it can be repaired, then make the owner an offer with your hard earned cash. "Silence" 38K is reasonable show some receipts to increase the value expected or except their offer. Just what was your purchase price? New or used?

I wouldnt be surprised if the estimate from the dealer goes up another $10k or so when they start to open up the car and find other things wrong. Then you are stuck with the difference to come up with. Again, try to get copies of what the adjuster used as comps and show him your comps. Then should be able to get a couple thousand. What is owed on the car currently? $0, then thats all $$ towards another car.

OP-
None of the stuff being discussed matters except with ArmoE55 stated in this thread. He is exactly right with his statements about the ins co and what you need to do.

You have to PILE UP documentation on comps and back up the reasoning of why you think it's worth more; and potentially, threaten with a good faith estimate letter from a lawyer if they don't reevaluate their initial offer due to irrelevant comps they choose vs yours, which are more comparable.

THIS IS THE ONE AND ONLY WAY YOU WILL GET THE INS CO TO UP THEIR INITIAL OFFER AND GIVE YOU MORE $$$. My wife is an ins adjuster and I have two cousins who are adjusters and managers at ins co. Trust me when I say this, that is your only way! The whole game with ins companies if their lowball as much as they can without seeming unreasonable, and then work from there.

Their valuation isn't that far off, but if you can prove/show through your own research that the car is worth more (bring you back whole as if the incident never happened), you will get more from them.

Insurance wants to go to independent appraisers and are not interested in seeing comps their appraisal service did not use.

In the adjusters words if you do not like our appraisal then we must go independent. The offer is not up for discussion or negotiation.

Anyone have experience with doing this?

First off, do not cave in to what the ins adjuster is saying; their job is to close this stuff as soon as possible with as little money as possible. Do the comps anyway, send an email with the attachments, and say that nowhere you are finding values as low as theirs (if you truly have values above theirs, $37K vs $42k, for instance is reasonable, not $37k vs $38k). If you're finding $4k+ difference out there, then tell them they are not giving you true estimated values and you will write a good faith letter to the insurance commissioner of your state if they do not increase their value. You have to brutal with these people.
Secondly,

According to my wife (my wife is an attorney and I got about 2 mins of her knowledge over the phone on this, so I am relaying my understanding of what she said - this is by no means legal advice or the like, just had to put this disclaimer here):

Paraphrased as best I could:

She asked, what does your policy say? Most policies will have explicit language when it comes to situations like these and state that if the ins co and insured (you) do not have an agreement on the valuation initial offer that they gave for your car, you have to each (you and the ins co) have independent appraisals done by a party of your choosing. Those two independent appraisers then must come to an agreement. If they don't, an arbitrator (third party, usually an admin judge or similar) decides the appropriate value of the car.

This is not going to be word for word stated in every insurance policy, so she said it would depend largely on what your policy says.



For instance, in my ins policy, there are two paragraphs describing what exactly needs to be done if insured and ins co do not agree on valuation and it says that independent appraisers must be involved.


First thing, check your ins policy.

Hope this helps.

You are about spot on. Here is what it says.

6. APPRAISAL
If we and the insured do not agree on the amount of loss, either may, within 60 days after proof of loss is filed, demand
an appraisal of the loss. In that event, we and the insured will each select a competent appraiser. The appraisers will
select a competent and disinterested umpire. The appraisers will state separately the actual cash value and the
amount of the loss. If they fail to agree, they will submit the dispute to the umpire. An award in writing of any two
will determine the amount of loss. We and the insured will each pay his chosen appraiser and will bear equally the
other expenses of the appraisal and umpire.
Neither we nor the insured waive any of our rights under this policy by agreeing to an appraisal.

She also said to make sure you choose the right appraisal company and to look for a reputable one in your area that has dealt with similar make/models before and has experience with the car (e.g. market for the car, condition, options on the vehicle etc.). Most will just do a basic search and draft a report that won't help you and just drag it out for a mere $500 increase.

Thanks!!!

OP was not giving us the entire picture. I am sure that you did not think 27k of engine damage when you saw the original photos. At this point I honestly think its impossible that the insurance company will dish out 30k to repair his car.

Again progress, now its a matter of giving OP advice on what to do in order to get a bigger check when they cash him out for his car.

Lets go about this in a different way, what was the original op purchase price, how long has he owned the car. 38K is respectable for an 08 E63 with 57000miles with no additional bills to show added value. Argue all you want, is the car paid off or is there a 20k loan on it?

If he can argue with his insurance his car is worth 2-3k more for whatever reason COOL , worst case scenario you lost $2000-3000 (unless you paid waaaayyyy more) from the value of the car. Hopefully you got $2k worth of enjoyment out of it for the 6 months you owned the car.

Post 6 states the engine and trans are pristine, just what is the real story.

At first it was stated that the engine/tranny are mint, now there is talk about damage. Which is it? That brings a whole different element to the insurance game.

OP - Was the car deemed totaled? Typically, if there is heavy body damage and significant leaks from the engine bay, the majority of the time insurance companies will total it.

My confusion comes in when you say the engine/tranny are in top shape and now you're saying there's damage.

We need the true whole story in order to help you

Lets look at the facts, 08 with 57000miles, not the pristine condition stated, rear tires toast@ 5/32, (3/32 would not pass safety certificate) door dings, general wear overall
Probably not the original owner, 2nd, 3rd, owner
Not a CPO car when the op purchased it
No purchase price stated ie, well purchased for 50000 dollars last year
Just what does the op need to feel whole, 40k, 43K, wake up Look at the 09 found for 48K probably able to deal down to 44500 factory warranty with 25000 miles just for an example, there are literally 35 cars to chose from 30K to 39500 in the states.
If when you purchased your car and the ins company asked for purchase price and you stated 45K for example then your premium paid would be reflected in this admission partially, this is why they ask, if you state 30K then why would they offer more than your original purchase price, just for instance? The insurance company is not obligated to make you better than whole again.

I only remember saying they were mint before the wreck. They likely still are.

I know you are trying to help. Thanks.

It's totaled. Now I just want what I think is a fair settlement.

Not a lot in that report is factual about my car. Miles yes, year yes. Physical condition not even close.

There were no dings or damage to the car pre accident. The dings and scratches the inspector referred to were caused by the small trees that were part of the rockery.

The tires are not even 3 months old and with maybe 5000 easy miles on them.

General wear? No sign of it whatsoever other than a small wear spot on the drivers bolster from getting in and out of the car.

I am the second owner and it is a CPO car. I bought the car with 35K on odometer from a Mercedes dealer.

I am not looking for my full purchase price. I have looked at other in MY area that are comparable and to buy one would cost in the 42-43K range without tax and license. Read it again.....my area. I am not flying all over the ^&$$^ country looking at cars. Especially these ones that have a high likelihood of being beat to $%^&%$$.

There are twelve 08 E63 in my area. The company that did the inspection chose the 3 lowest priced cars. Two of which I have looked at that are pretty beat up and why they are being sold by secondary cart lots. A Mercedes dealer would not put any of the 3 on one of their lots.

I have already started the negotiating in bad faith letter from attorney.

You're going down the right path.

Insurance companies squirm at the thought of being hit with a bad faith estimate claim and even the idea of the insurance commissioner knowing about it, they cave in quickly. Get that letter written and sent and as aforementioned, get your documentation of comps prepared for your area. The bottom line is, the insurance company is responsible to make you whole. In laymen terms , this means they have to give you enough money to go buy the exact car (condition, mileage, upkeep etc.) as if the accident never occurred.

From what you're saying for your area, these cars are fetching several grand more in the same condition as your car was prior to the accident. If they are only giving you several grand less, there is no way for you to buy the cars. To me, just understanding the facts and what you're telling us in this thread, you absolutely have a case against them.

Hope it works out for you. Keep up posted in this thread.

Wow, "I only remember saying they were mint before the accident', LOL.
Just what do you want monetarily wise that would make you feel whole?
Are you looking for 43k for your car, forget it unless you can show recent bills ie, brakes 2500, tires 1200, transmission service 300, engine tuneup 300 replace radiator 750, see where I am going.
Your insurance will not make you in a better position than 10 seconds before the skateboarder supposedly jumped out in front of you, if you at least had the name and address of the boarder, your story could have some merit.
Were you charged with unsafe operation of a motor vehicle?

If they are getting 43K for an 08 in your area then it must be quite the captive market.
Did you see the one for 48 with factory warranty and 25k on the clock, that one is over priced also, 44500 would be the offer tax in. 200 dollar flight to SC.
Better driver when you got back home.

And the lawyer took your money without a smile, correct.

Ha!!! Success. Lawyer only needed to make a phone call. Insurance is now offering $44.5K as settlement and also offering to let me buy the car at half the projected salvage value of $9K. I think I might make a super car out of it now and use the rest as a down payment on the GT-R Nismo Black I looked at two days ago.

Forgot to say THANKS!!!! for all your help.......for those that did help.