VelocitE55

Last night Im driving on Ventura Blvd going approx 40mph in the right lane of 3 available lanes. There is a champagne Chevy Silverado in the far left lane about 3 or 4 carlengths ahead of me. The Chevy was going 25-30mph and I am about to go by when all the sudden his blinker turns on and he does a double lane change right at me. I used the maximum amount of braking that the mighty AMG 8 Piston calipers could muster and managed to narrowly avoid this a-hole! Then within a second or so, I hear skidding behind me and I look in my drivers side mirror just in time to see a red ****subishi Eclipse barreling at me. I knew he was going to hit me and I tried to gun the car to accelerate but it was too late. He plowed into my left rear corner pretty hard and I was thrown back hard against the seat and the door. The eclipse was being driven by a 16 year old male and he left 156ft of measured skid marks suggesting that he was going 80mph or so when he locked the brakes. The the Chevy truck had also made contact with the Eclipse, the trucks right quarterpanel just forward of the rear wheel had a big dent that matched a big dent on the left quarterpanel of the eclipse. The Eclipse's aibags deployed and his girlfriend who's B-day it was burned her nose on the airbag. Anyway, the truck caused the accident by being negligent not even looking to see if it was clear to change one lane let alone two and the eclipse was going way over the speed limit. These two mental giants ended up causing considerable damage to my poor E55 and I am really depressed now. I am thinking of giving the dealer a deposit for a CLS55 tomorrow. This sucks.

On top of all that, I spent 4 hours in the emergency room last night and I have a sprained neck and a contusion of my elbow. My neck is F*cked. It hurts pretty bad.

VelocitE55

Couple more, there is wreckage pushed against the rear wheel.

Dr Chill

Dude, we feel your pain. Hope you have no permanent injury. The car will be fixed and will look as good as new, but neck injuries can linger. Get a good lawyer and don't waive any future rights in order to get a quick settlement.

deaguero

VelocitE55: Sorry to hear the bad news! How in the h#ll does this bozo not go straight to Jail?? I used to live in Westlake Village and many times drove on Ventura Blvd in the Valley, I just cna't imagine some a$$hole driving 80 mph down Ventura blvd!!! Hope everything works out ok! BTW any comments on the CLS55 that might be interesting??

VelocitE55

Last one

zdkdeeier493

I'm so sorry to hear this. I could only IMAGINE how angry/depressed I would be if this happened to me. Where on Ventura were you? In the valley by the Galleria? I've actually been at the Galleria and SEEN this happen TWICE in a row! It happened on two separate occasions by two separate morons. Shows you some LA driving right there. If you want my advice, don't opt for the CLS 55. I have a feeling you won't be as happy with it as you would be with your E. Furthermore, since you recieved personal injury you could technically sue, then again you might not want to have to deal with that, and lawyer fees will just amount to the $ it would take to fix your car. Keep the information about the skidmarks handy though, that will definitely hold up in court. You can also look up the stopping distance it takes for an Eclipse to do 60-0 at the website. Pop that into a formula and you've got their speed. My friend at Beverly Glen Autobody works MIRACLES on cars and if you decide to fix your car please PM me so I can let him know. He will most definitely give you the best price around. Again, I'm sorry for what happened and I can only imagine how you must feel. Best wishes-

VelocitE55

Thanks for the support guys, only a fellow Mercedes or AMG owner can understand what it would be like to have this happen. I am the type who believes that once a car has been hit, its never quite the same. I will be seeing a lawyer tomorrow, I also have 2 witnesses that saw it happen and know I was clearly the victim. I have never had a neck injury before but I can tell you its just hell on earth. I hope I can be compensated somehow. I talked to my dealer a few days ago about the CLS55 and I can get on the list which isnt too long yet. Now I have a good reason to get on that list. Maybe this will turn out for the best?

Beowulf

First of all, best wishes for a super-speedy recovery from your injuries - the car can be replaced, but you can't!

Second, I know the devasting feeling when you new baby is violated - witness the damage done to my '05 by a careless lot attendant.

At this point, the only logical alternative is to start over. I chose another E55 because the CLS55's styling, both inside and out, does not appeal to me. The CLS55 has one big advantage in that I've heard it offers a new & revised, sorely-needed steering rack. Rumor says this will be installed on all 11/05 build and later E55's. Sure hope the rumor is true!

VelocitE55

Do you guys have any suggestions on how I should go about getting a new E55? Should I just have mine fixed and trade it in or is there another way I could go about it? My car only has 3700 miles on it!

zdkdeeier493

I second that

mick1

whoa that sucks. sorry to hear about the accident.

how long have you had the car ?

zdkdeeier493

Don't do the repair/trade-in. You'll never get close to the original value and you'll end up paying a whole lot for a new car. If you do take it to court, what you could do is demand compensation for any of your injuries (which I hope all is well) and also demand that the person at fault pay the difference for a new car for you, given that the value of your current vehicle is now significantly lowered. Then again, I'm no lawyer...

Beowulf

If the accident is reported to the police, there will be a permanent record established and accessible by anyone using the CarFax or similar services at the time of resale. IOW, the car is already established as having been involved in an accident and applies whether or not the car is repaired. This significantly lowers resale value, either private or public.

If there is enough damage, you could have it totalled and get the biggest bang for your investment, but the damage, though significant, doesn't appear to fall into the "totalled" category on a car worth at least $80+K. Suggest talking w/your attorney about options to recoup your loss.

VelocitE55

I agree completely that the car will not be totalled. It looks worse in person but its not enough to total. I am going to hold off on bringing it in for repair until I can talk to my lawyer about possible ways to get the car replaced entirely. The car has lost significant value which is screwing me over and its not even my fault.

///M e55

im 17, and i feel for you. many of my friends drive like absolute morons in their crappy cars. My dad just got a new e55 two days ago and i dont even know what i would do if someone rearended me in it having driven so recklessly. good luck with that

RU_MATRX

VelocitE55:

I truly feel your pain and agonization over the event. I myself have been rear-ended twice with considerable damage. My NEW 2002 ML55 AMG was rear-ended just sitting at a stoplight on Ventura Blvd. near Universal Studios (In 2002!). A 17 yr old kid (with his girlfriend on a Saturday night date) hit me hard with his Nissan maxima without even hitting his brakes. It totaled his front end as it went underneath my exhaust. He wasn't paying attention as all lanes were completely stopped for at least a min already at the light.

In another instance, I've also been rear-ended even harder back in 1998 (1998 Honda V-6 Accord SE brand new) on the I10 freeway where all lanes were stopped and a kid 19? driving his father's brand new (less than 30 day old) Jeep Grand Cherokee plowed into me without even braking. He hit me hard enough to plow me into another vehicle sitting right in front of me. Prior to the event, all traffic had been stopped for at least 3 mins in rush hour traffic!!! I was pissed when he had the nerve to start asking why I "had braked all of a sudden." Wtf, with these idiots.

I'd feel twice as bad on those occasions had this happened to my SL55 AMG. The advice I'm seeing here is sound. Make sure you have a lawyer to protect your rights as a "victim" and take care of your injuries first (physicians, chiropractors, etc.). Request and retain documentation for everything! Your E55 can be replaced and I would replace it due to possible unibody damage. Regardless how great it looks after a highly-recommended shop repairs everything, appraisers can tell that it has been hit, hence value has dropped. The other driver's insurance should compensate you for all losses and a good lawyer will ensure that to your satisfaction. Whiplash is common when hit hard unexpectedly. You should have your doctor/chiropractor check it out as those things don't correct itself over time and may have adverse affects as you get older.

Seriously, great luck. Keep us appraised and stay positive. You are alive and healthy as well as the other idiots. The outcome is that you will be taken care of through the insurance companies, and the kids will learn a financially/morally valuable lesson. I hope to hear of you in a new E55 soon!

DRCrowder

Man, I'm so sorry!

I have been in a similar situation and it wasn't pretty. As long as it isn't a lease with cap cost reduction, you should be good with the car. It is neither uncommon nor unreasonable to ask that you be compensated for lost value of the vehicle.

Get all the facts and documentation you need to prove your case then focus on your health, it is all that matters in the end. You can sue for quite some time after the actual event and it may be wise to wait a bit to get the full scope of the damages.

aries palmiotto

I believe that there is a legal thing called DIMINISHED VALUE which not a lot of people are aware of. This is for the difference in the market value and the value after the loss which is collectible from the party-at-fault. It is above and beyond everything else (medical, pain and suffering, loss of wages, so on and so forth).

Further I also know that there is a thing relating to SENTIMENTAL VALUE (i.e., the car was given to you as a gift by a parent before he/she passed away), which is essentially priceless, which in turn can get you the most $$$ in court.

If the insurance rejects such a claim (considering your car has "minor" damage), then mention BAD FAITH.

Nonetheless, do NOT settle and do NOT talk to anyone without a lawyer... especially after being treated to the ER, and NEVER give recorded statements.

Find a lawyer that is really aggressive and knows this section of the industry.

RU_MATRX

Good summary aries as I recall these terms on my own settlement. Keep in mind that claims adjusters/settlement correspondents have the job for the best interest of their insurance company. Their job is to reduce loss settlement $$$ regardless of the actual damages/injuries. Depending on the insurance company, they will even attempt to forsake their own client's complete financial responsibility.

VelocitE55, I have a good lawyer that handled my case on the ML55. He's assertive and strong in logic and communications. Should you need an experienced lawyer on this matter, please feel free to pm me for his contact information. You can discuss/interview your situation of/with him. His office is here in Toluca Lake right on Riverside Dr. near the original Big Boys Cafe.

Vic55

I too am sorry man, tough luck. I was on Ventura Blvd. on Friday Night up in Studio City and the drivers are crazy on that street.

In regards to your damage I hope you don't have the new Nano Paint technology. Open your driver's door and check the paint code, if there is a "C" in front of it then you do and that paint is incredibly hard to match. I am almost 100% certain you do since your make is a 2005. It has a ceramic coat to it and I hear very limited body shops can match it up. I have the Nano paint and am dreading any sort of repair that may arise.

Good luck.

vitaman

I still have a 6 week wait ahead of me on my E55. Hate to admit it, but I was really admiring the pictures of your wrecked one! I guess to a hungry man even a few crumbs seem appetizing. As long as you get a settlement that includes repair plus a reduced resale bonus, you should be fine. If the car seems ok after repair, park the extra funds for your next car. If it bugs you, simply use the extra money to trade it in on a new one.

Hussain

VelocitE55,

Last Christmas Eve, I was in my 7 month old Porsche Carrera when a lady failed to yeild while making a left turn. She hit my drivers side and spun me around to hit a light pole. I suffered a broken collarbone and strained three of my lower back vertebrae in the accident. So I feel for you. Neither money, nor time can give you the feeling of being behind the wheel of YOUR car. So hurry and get a new one because thats the ONLY cure. Once the fault of the other party is established you can claim loss of value...you need to get an appraisal by your local dealer for what the vehicle is worth after it has been fixed. Try and get this number as low as possible. You can then go after the other insurance to pay you for the difference. In the meantime, get a lawyer to handle all the legal/medical/insurance jargon you will face.

Pictures from my accident:

waldis

I am really sorry about your accident. I hope everything will work out for you and you will get what you deserve.

BTW, which trunk lip spoiler do you have? It looks great.

bsimonson

Sorry to hear about it & glad you're okay (alive).

I'm a firm believer that there should be genetic tests at birth which predict the likelihood of stupidity, with mandatory euthanization for those who fail. If this system were to be implemented, there would likely be a significant reduction in accidents like this.

Another solution would be to banish everyone from age 13-18 to Siberia to work in forced-labor camps & watch "intelligent socialization" videos until they reach the age of 19, whereupon they will be re-introduced to society on a trial basis, hopefully with a greater appreciation for personal freedoms, etc.

Seriously: Look into compensation for diminished value as well; a friend of mine was hit by a city bus earlier this year, and the city's adjuster was oh-so-helpful and very eager to write a check for the amount of the repair and let that be the end of it. However, my friend pushed for a diminished value allowance, and although it took much back & forth (and the adjuster was suddenly not so helpful), he got it (without the intervention of a lawyer).

ATS

A lot of policies (I am in Canada) are made so that a new car in the first two years if written off you get the full value. I have no idea but could the car be damaged enough to get written off? Looking at the pics I doubt it.. But I am glad you are okay.