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 Message Boards » » Car Accident - Not at Fault Page [1] 2, Next  
Douche Bag
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Curious for anyone invovled in a car accident with serious damage, but non issues.

Assuming the other side is at fault, as she received a failure to yield citation for turning left in front of me - did you attempt to go straight through the other driver's insurance company or do the claim through your own and assume they'll be aggressive in pursuing the other company's policy?

I have Geico and she has Erie insurance.

I suspect that my car is totaled, but if is not, I will want to get compensation for Diminished Value of my car (i.e. the car is not worth as much repaired after being in the accident relative to its value before accident). Because this car was 1 of 30 and quite expensive, I think I have a better than normal claim. I also don't know how after market improvements will be calculated in the valuation, as KBB doesn't allow for my matte paint option, upgraded trim, engine work, blacking out of trim, pedal box, etc.

3/14/2017 11:57:12 AM

JP
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I would ask Geico about how to proceed, though they may say just contact her insurance.

My truck was hit while parked next to my house late at night. Luckily the cops were called and they had insurance. I called my insurance and they instructed me just to contact theirs. So, went through their insurance and they hadan adjustor to come out to evaluate the damage. Got everything I needed fixed fairly smoothly.

I suppose you could find your own adjustor to dispute their insurance adjustor if you don't like their estimate, but I would at least be upfront about your situation to both insurers. Is Geico not aware of the value of your vehicle?

3/14/2017 12:40:52 PM

dtownral
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after market improvements won't do anything to your value. you can get diminished value but it takes a bit of leg work and is after the fact, you may want to use an attorney for this. the diminished value will be less than you are expecting, the process isn't in your favor.

go through their insurance unless you have better rental allowance or some similar reason to file through yours. if you have any issues with them, go through yours. if you do file with your insurance, you will be out of pocket for your deductible until they get it back through subrogation, so there is at least a chance that you won't get your deductible back.

As JP said you can call Geico, they will start a file (i forgot what they call it, its not a claim but they start a file with some info) and can explain these options in more detail. I've dealt with another person's Erie Insurance, it took a few days for them to get the claim started (which might be the fault of the other driver) but once they contacted me they were pretty easy to deal with. Their property insurance was very quick, the medical side took a little bit longer. If you have an injury, their medical insurance will send you a form to sign which you should just ignore and not sign because it allows them to look at all of your medical history.

[Edited on March 14, 2017 at 1:40 PM. Reason : .]

3/14/2017 1:35:19 PM

Doss2k
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Yeah I am pretty sure most of the time they could give two shits about anything aftermarket as far as value goes of the car.

3/14/2017 2:37:39 PM

wahoowa
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Yep, as others have said, anything not installed at the dealership prior to delivery is worthless at this point. It will not be taken into consideration for determining value. Diminished value is also extremely difficult to prove because of the appraisal process and your insurance will not help you. I had the same issue with my 6 month old BMW when someone hit the side as they were parking. My DV claim was approved for about 10% of what I was asking and that was just to settle.

To get additional value back you will probably need to retain an attorney and sue the driver.




[Edited on March 14, 2017 at 2:55 PM. Reason : a]

3/14/2017 2:53:56 PM

Douche Bag
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I'll keep all of that in mind.

The main upgrades after market were:

K40 radar custom installed - $4K
ECS re-tuned - $3.5K
Blacked out grill, trim, exhaust tips, wheels, hanldes, etc. - $4K
Pedal box - $800
Subwoofers custom installed with box - $2.5K

The main thing that bothers me is that the car was 1 of 30 in the world and 1 of 10 in the US. The matte paint isn't even an option on KBB and the adjuster I spoke with said he's never seen a matte finish and would value it like normal paint - red flag #1. While it is a CLS 63, they can't just value it like a normal CLS 63, they need to value it based on the options/packages and lack of availability.

I appreciate the insight so far. I had started to go through Geico and was going to let them go after Erie, knowing they likley know more about how to pursue the damage claims and how to get made whole a lot better than I.

I'll find out if it is likley totaled tomorrow or if they are going to try to fix it. Then I'll start to argue valuation if it is totaled or diminished value if they try to repair it. No one wants to buy a wrecked car.

3/14/2017 3:50:48 PM

darkone
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Seems to me that this is where you agent earns his money and your future business.

3/14/2017 3:59:52 PM

jbrick83
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In order to avoid this situation in the future, try not to get a Douche Bag car.

3/14/2017 4:00:14 PM

TKE-Teg
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Good luck with all that man. I know GEICO is shit so hopefully you don't need to rely on them for much.

If you didn't arrange to have your car insured for all the aftermarket modifications, as an addition to the normal vehicle coverage, then you won't have much luck with that. On the flip side, if they total out your car you're welcome to remove all your aftermarket stuff from the vehicle before they haul it off to auction.

RE the rarity of your car, what made it so rare exactly? I know AMGs in general aren't high volume models but I'm guessing you had a CLS63 AMG w/Performance Pack? Is 1 of 30 because they only made 30 with the matte paint?

Again good luck but you may need to lawyer up, or at least explore that option.

3/14/2017 4:57:42 PM

dtownral
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Read your policy but it probably covers $1k of aftermarket equipment that is bolted o with a lot of exclusions. Stereos and similar are often excluded, but if not you may get some back for that. You're policy might have required you to register your equipment though, read your plan.

The rarity of your car is probably going to hurt you for seeking diminished value, fewer similar models to show value.

Also, you spent $4k getting a shadow it? Dude, you got raped.

3/14/2017 4:58:12 PM

synapse
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^ he just bought it. Previous owner did that stuff.

Quote :
"they need to value it based on the lack of availability"


Let us know how that works out

[Edited on March 14, 2017 at 5:23 PM. Reason : Are you trying to get more than you paid for it?]

3/14/2017 5:15:09 PM

Hiro
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I was just rear ended while driving the company lease vehicle.

Going through the at fault insurance (other driver), I don't have to pay a deductible. Otherwise, my company's insurance would pay for the deductible and the rental car and then have to "fight" for that refund from the insurance company, who would then have to "fight" for their share from the at fault insurance company. Instead, I went straight through the at fault carrier who provided me a rental and set it up so that the body shop will take care of our company lease without any money out of pocket from our end. IMO, this is the way insurance SHOULD work.

3/14/2017 7:48:08 PM

Douche Bag
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I'm going to see if it is totaled or if they intend to repair it tomorrow - meeting the adjuster and bringing the window sticker showing $123K with another $15K in upgrades. Will show them the only other one of these marketed for sale is at $70K w/ none of the after market upgrades.

Yes, the 1 of 30 in the world and 1 of 10 in the US is because of the matte paint - sintered bronze, which I would describe as a titanium gun metal look. It is/was sexy as hell, especially with everything heavily tinted/blacked out. Matte paint looks silly with chrome accents, which is how it comes standard.

I'm not sure how they calculate the depreciation schedule - by time or mileage, as mine had below average miles at 35,000 for a 5 year old car. I plan to also use this arguement. That said, I do not know if it matters if I registered all the after market upgrades on my policy, as I'm going to look to her provider to subrogate any damage. If they repair my car, I don't think they can put on a tire/rim different than the other 3, so I think it will have to match.

Sucks because I worked hard to buy this toy and there is no replacement vehicle out there that catches my eye. I don't want to replace it, but also feel like I can't trust a wrecked vehicle to remain liable for years to come. If it isn't totaled, it will be hard to sell, in which case I'll need to get it appraised after it is repaired to determine the "diminished value" and sue for that, along with any other recourse that I may have.

3/14/2017 8:58:13 PM

gtherman
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Your last post hits on a few points. It is a rare car. Somewhat due to options, somewhat due to production.

You are correct to seek diminished value if they don't total it. However, understand that you will have to be able to justify that amount.


If you are trying to get what you have invested out of it, and you got a decent deal on it, youl will probably be alright. If you are trying to make money, you will likely be disappointed.

3/14/2017 9:26:59 PM

Hiro
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A fair argument is "replace my car with the same car." they should be willing to, at least, buy one that is as close as to the one yours represented. That's a good starting point for market value. i'm sure there's also statistical data on what these cars have sold for as they exchanged hands of owners, as additional argument to its worth.

3/14/2017 9:39:19 PM

Douche Bag
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With only 10 in the US and mine being one of them, I'm sure there is limited data on them re-trading. It isn't just the matte paint, but that is what sets it apart. It has upgraded horsepower and torque from factory (550 and 590 ft lbs), upgraded steering wheel (leather/suede), carbon fiber engine cover, spoiler, trim, suede headliner (call it something else but that's what it is), upgraded brakes to include red calipers, higher speedometer limiter (186 mph), night vision cameras, etc.

There is more than one option that makes it rare. This is all before after market upgrades. I'd rather have my car than money, regardless of the amount.

3/14/2017 10:02:41 PM

dtownral
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There is enough money involved in in determining the value of your car that an attorney is probably worth it, I would make that your next call after you speak with the adjuster

3/15/2017 8:40:49 AM

synapse
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Quote :
"If you are trying to get what you have invested out of it, and you got a decent deal on it, youl will probably be alright. If you are trying to make money, you will likely be disappointed."


He ignored my query, but I suspect it's the latter. Douche Bag is always trying to make money

3/15/2017 9:03:22 AM

darkone
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Seems to me that he just doesn't want to get screwed.

3/15/2017 11:35:24 AM

Douche Bag
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If they can find me a replacement car with similar specs and finishes, I'd gladly take it over any amount of money (within reason). I want my car - it was my dream car. If I bought it for less than what it is worth, that doesn't mean I should settle for less. I should settle for what it is worth or what it would cost to replace it. I want something as good or better than what I had - there is no reason to settle for less.

3/15/2017 1:40:54 PM

justinh524
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Quote :
" I also don't know how after market improvements will be calculated in the valuation, as KBB doesn't allow for my matte paint option, upgraded trim, engine work, blacking out of trim, pedal box, etc"


hahahahaha. insurance companies don't care about your sweet paint job and blacked out trim.

but seriously, i was in an accident ~10 months ago where the other party was at fault. i ended up filing a claim with my insurance company because of some odd circumstances/issues with the other party. she was driving a hertz rental car (but had a suspended license, which she also received a ticket for at the scene). there were communication issues with hertz (dude that rented her the car called me, then would never return my calls. corporate claims was also a huge pain to deal with. after a week they hadn't/wouldn't send an adjuster to look at my obviously totaled truck.) at this point i just told my insurance to deal with it and within a week they totaled my truck and offered me more than i expected to get for it. about 3 months later i got reimbursed for my deductible.

Quote :
"I should settle for what it is worth or what it would cost to replace it"


lol

3/15/2017 3:28:44 PM

Douche Bag
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The at fault lady has Erie and apparently they are great to work with. Guy at Caliber suggested I work through her company, as they will either have to restore (if they choose to repair) or cover all after market upgrades that I can document (if totaled). My company would be limited to $1K in after market upgrades if I didn't have an additional rider.

That said, the options that were added are easy to document, as you can see the pedal box, radar, subs, and trim detail and I can easily document pricing for these items.

Luckily, again, what makes the car rare, are all of the factory options that come over and above the standard AMG package and are clearly outline in the window sticker along with the price tag. It is this very reason that I don't think it is just any other AMG, but a rarity. So far, both my insurance company and hers have reached out to me. I will likley put the project on hold with mine (Geico) and work through hers (Erie), as I won't be limited to the 30 day rental (repair will take 2-3 months if they go that route), I won't have a cap on after market parts - they will restore it to its pre-accident condition and I will be able to file a Diminished Value claim. I can't do the DV claim if I go through Geico. The guy at Caliber also educated me and told me that Geico, if available, would try to use after market parts, while Erie uses factory new parts. Fortunately, there are very few after market parts available for this car, so most everything, other than body/paint work will be done through Mercedes Benz and I've been told both Caliber and MB are very thorough and will replace anything that could possibly have a potential issue.

I'm told this by the Caliber guy who has no dog in the fight, as well as a friend of mine about to get his S63 back with matte finish and similar body damage, only his car is worth about double that of mine as his was essentially new.

3/15/2017 4:21:54 PM

dbhawley
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Here's a replacement for $95,000

http://www.2040-cars.com/Mercedes-Benz/CLS-Class/2012-mercedes-benz-cls63-cls-amg-performance-center-edition-pce-matte-bronze-647698/

3/15/2017 4:57:45 PM

Str8BacardiL
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3/15/2017 6:59:24 PM

eleusis
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I'm having trouble understanding why someone would spend $125k on a car and have Geico insurance. I've never heard a good story involving them. I've dealt with Erie once, and although they were slow and annoying to talk to initially, they came through on everything without much hassle in the end.

3/15/2017 7:14:23 PM

dtownral
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geico is fine

3/15/2017 7:47:34 PM

Hiro
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Keep in mind, with one less available on the road, the rest of them appreciate in value

3/15/2017 8:07:51 PM

Douche Bag
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That one is bone stock. Mine is like that but with $14K in upgrades.

I wouldn't normally choose Geico. I normally use USAA. That said, I had the vehcile titled in my company's name and USAA won't insure business vehicles, so I had to find another provider. I may bid it out to another company moving forward once this gets resolved. I don't think I read the fine print about all the limitations.

3/15/2017 9:06:41 PM

Douche Bag
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http://www.ecarlist.com/showroom/1198/show/1692046/2012-Mercedes-Benz-CLS-Class-CLS63-AMG-Performance-Center-Edition

Another one listed for $80K. Bone stock.

3/15/2017 9:12:33 PM

Str8BacardiL
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Don't get Farm Bureau they are useless.

3/15/2017 9:46:19 PM

dtownral
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You don't have $14k in upgrades

3/16/2017 7:30:48 AM

TKE-Teg
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FYI when I crashed my S2000 into a pole in my garage (don't ask ) my insurance company at the time (Travelers) paid for the damage, including replacement of the clear bra on the front of the car, which was around $1000 by itself. I didn't even have to bring it up.

And GEICO will absolutely try to use aftermarket / used parts to fix your car if given the opportunity. They're horrible. Sounds like you won't need to rely on them in this case so that's good. I'd definitely drop them in the future though.

[Edited on March 16, 2017 at 9:11 AM. Reason : ]

3/16/2017 9:10:01 AM

eleusis
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I use USAA and they are by far the best insurance company I've worked with. I didn't realize they wouldn't do business insurance though - that's good to know considering some business plans we've been putting together.

3/16/2017 9:48:21 AM

Douche Bag
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I didn't want to switch, but had no choice since it made sense from a tax perspective to own the car through my business...

3/16/2017 12:00:47 PM

Dynasty2004
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well how'd this turn out?

3/28/2017 1:18:08 PM

Douche Bag
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Hoping to find out in the next 2-3 days. It has not yet been put on the frame machine to measure everything, but to the naked eye, after the tear down, there does not appear to be any "frame" damage - no accordion effect and no visible bowing/bending of the metal where the frame would be. There also doesn't appear to be any engine damage. The bulk of the damage was to the steering and suspension system, the passenger side headlight and body in general. As of Friday, the damage estimate was around $40K, but they were still waiting to hear back from Mercedes Benz regarding parts, labor, etc, which may push it to $45K.

They'll likley need to repaint most of the car, other than the rear bumper, trunk and roof, re-emblem it, replace the front right wheel and tire, etc. With this being a rare car, it has taken them additional time to track down parts/pricing, as Erie will only use Mercedes Benz parts that were made for this particular car.

It makes me feel better knowing that if they go the route of repairing it, all work will be done by AMG techs at MB and only the body/paint and after market items will be done at Caliber. If they go this route, once it is fully restored, I'd then get an independent appraiser to help determine the diminished value settlement.

Seeing that I cannot find another car that would make me as happy, I do hope that they will restore it to its pre-wreck condition and pay me the diminished value for the car.

3/28/2017 4:31:07 PM

Dynasty2004
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nice. Good luck!

3/29/2017 8:14:48 AM

Douche Bag
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Got the call today. It's totaled I really wanted it fixed. Now I have to wait to see how they try to hose me.

3/29/2017 7:36:33 PM

0EPII1
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^ Damn, sorry.

Here is a nice replacement... and it might be 1 of 10!!!

https://www.motor1.com/news/140726/2012-cadillac-ctsv-wagon-auction/

3/29/2017 9:29:49 PM

Dynasty2004
Bawls
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^^dude that fucking sucks. Frame damage?

3/30/2017 7:01:10 AM

Douche Bag
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No frame damage at all...came down to the wiring harness. They were at $38K in damage plus a wiring harness...the CLS 63 standard harness is not compatible with mine, since mine was more rare. There is not one available in the US and Mercedes Benz in Germany said they don't have any, nor would they make one, so the car can't be repaired.

I think the insurance company knew they would be at a minimum of $45K, assuming no other problems surfaced during the rebuild, plus they'd have to settle diminished value with me and it would be easier to just total it and move on.

I'm pretty disappointed, as I wanted the car back. Now I'll have to wait and see what they offer, but in the meantime, I'm getting the car independently appraised tomorrow AM in preparation to fight with the insurance company. We'll see if I'm devastated, disappointed or satisfied with whatever they offer me in the next few days.

3/30/2017 1:55:33 PM

dtownral
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you can still buy it back and have it repaired if you want, you can rewire without a manufacturer wiring harness. The dealership might not, but its something you can get done.

then you can talk about how you have a one of a kind custom

3/30/2017 2:07:10 PM

NCSUALUM
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I had my 2009 Toyota Camry totaled 3/20/17. I would have been happy with 9500. Ended up settling for 12,000. You might get lucky like we did.

3/30/2017 2:59:56 PM

Douche Bag
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^^ I want it fixed right and by Mercedes or I don't want it...I will find something else within reason that can make me happy. If they settle with me high enough, I may get an S63...otherwise, I'll likley get another CLS 63 that isn't a PCE.

3/30/2017 3:46:39 PM

rjrumfel
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Just out of curiosity, how does one pay for a 125k car. I mean, do you make like $2100/month car payments, or do you just throw down all that dough up front?

4/1/2017 5:55:47 PM

0EPII1
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Everybody is saying that figure, but does he say it anywhere? This was an old used car, and Mercs tank in value fast. I think it was 60-70K with the aftermarket parts.

I might be wrong, but I would be shocked if it was 125 K, because that would mean it was 2015 or 2016 model, which it wasn't.

4/1/2017 6:08:41 PM

dtownral
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^^ dude bought it used

4/1/2017 8:06:55 PM

Douche Bag
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I bought it with 32,000 miles November 8th. Flew up to Chicago and drove it home. Did not finance it, paid cash through my business.

Insurance company threw out a low ball offer - when I asked what options they underwrote, they included none of the after market parts and missed half of the factory options as well. I have engaged an independent 3rd party appraiser and may also consider litigation or going through my company to see what they offer.

If/when my independent appraiser comes up with a better value, taking condition, rarity and all options into consideration, i can go through arbitration and either have the 2 appraisers agree or select a 3rd to value the car. I will lot and do not have to agree to their initial low ball offer.

[Edited on April 2, 2017 at 10:58 AM. Reason : ]

4/2/2017 10:54:24 AM

synapse
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Didn't see that coming

They must not be considering the rarity!

Good luck.

4/2/2017 1:19:43 PM

synapse
play so hard
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What was the lowball?

4/2/2017 6:50:17 PM

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