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Old 11-12-2014, 10:08 PM
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PC-85-928S
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Default Insurance question

This isn't about my 928, rather my daily driver a 99 ml320.
I hope that is ok- I know the people on this forum will have good advice.
I have a 2 owner 99 ml320 with 75k in great condition.
Driving to work yesterday a woman pulled out from a stop sign directly in front of me. I t-boned her car and damaged the front right of my car pretty significantly. Luckily both of us were ok.
I have a police report coming and a witness at the scene did a statement with the police saying she pulled out in front of me. I had no stop sign. I did not see the report yet or his statement. I had the truck towed to my body shop. I do not have collision on my truck, just basic liability. I called her insurance company and gave a statement. Her progressive insurance adjuster said they could not determine fault until they saw the police report and interviewed the witness. Regardless they said in NY I still may be 10% at fault.
My issue is they seem to be leaning towards totaling the truck because it is a 99. The truck does not have a high book value, maybe 5k if I am lucky. However you could not find a 99, 2 owner truck with 75k in this condition if you tried. I will not be able to replace it. Especially with what they are going to offer me.
My question is do I have any legal recourse if I feel there offer is to low?
Can I insist on them fixing my truck?
This is not my insurance company, so I have no legal agreement with them.
Any advice appreciated.
Sorry this is a non 928 topic, but I know 928 owners deal with this often.
Old 11-12-2014, 11:55 PM
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joejoe
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Find what same automobile is selling for now (actual market value, not nada . Here on the other coast trucks are still pulling good money. I have a '90 1500 that looks like crap (might have 10% paint still), runs perfect, and have been offered $4500. It has just over 100k. I believe the holding power is due to the 'cash for clunker' program. That really hurt value priced autos.
Old 11-13-2014, 10:54 AM
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WyattsRide
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Originally Posted by PC-85-928S
This isn't about my 928, rather my daily driver a 99 ml320.
I hope that is ok- I know the people on this forum will have good advice.
I have a 2 owner 99 ml320 with 75k in great condition.
Driving to work yesterday a woman pulled out from a stop sign directly in front of me. I t-boned her car and damaged the front right of my car pretty significantly. Luckily both of us were ok.
I have a police report coming and a witness at the scene did a statement with the police saying she pulled out in front of me. I had no stop sign. I did not see the report yet or his statement. I had the truck towed to my body shop. I do not have collision on my truck, just basic liability. I called her insurance company and gave a statement. Her progressive insurance adjuster said they could not determine fault until they saw the police report and interviewed the witness. Regardless they said in NY I still may be 10% at fault.
My issue is they seem to be leaning towards totaling the truck because it is a 99. The truck does not have a high book value, maybe 5k if I am lucky. However you could not find a 99, 2 owner truck with 75k in this condition if you tried. I will not be able to replace it. Especially with what they are going to offer me.
My question is do I have any legal recourse if I feel there offer is to low?
Can I insist on them fixing my truck?
This is not my insurance company, so I have no legal agreement with them.
Any advice appreciated.
Sorry this is a non 928 topic, but I know 928 owners deal with this often.
Hey Patrick, sorry to hear what happened. It really sucks when other drivers aren't paying attention. Unfortunately, I've been on both side of this. Very glad you are OK.
Old 11-13-2014, 11:02 AM
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mickster
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Sorry buddy--go on AutoTrader, Mercedes Dealers, NADA, and anywhere else and get as many comps as you can for the car. Go in armed and be prepared to take legal action.
Old 11-13-2014, 01:38 PM
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rnixon
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Originally Posted by PC-85-928S
My issue is they seem to be leaning towards totaling the truck because it is a 99. The truck does not have a high book value, maybe 5k if I am lucky. However you could not find a 99, 2 owner truck with 75k in this condition if you tried. I will not be able to replace it. Especially with what they are going to offer me.
My question is do I have any legal recourse if I feel there offer is to low
Collect all the history that you have for your truck. Look at comparable ones - talk to the owners so that you can justify yours being worth more when necessary.

Be prepared to negotiate. They will offer you as little as they think that they can get away with (assuming that there is enough insurance coverage). Ultimately, you can sue, but will need to justify your valuation / repair costs.

Last edited by rnixon; 11-13-2014 at 02:58 PM.
Old 11-13-2014, 04:52 PM
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Adk46
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Remember, your beef is with the driver. She owes you the amount of the damage she caused you. You will be filing a lawsuit against her (theoretically, but that is the concept). The insurance company is acting as her agent. They will be embarrassed if you start communicating with her - copying her on letters, etc. She will want them to pay you the true damages also - that's what she's been paying *them* to do.



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