Author Topic: Raptelan's 1980 300SD crashed  (Read 16597 times)

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #45 on: 05 October 2011, 06:38 AM »
No lien.  I can wait, but just don't see what advantage this will have.  They can just wait too.  It doesn't seem to me that they're under any sort of obligation to close out the claim sooner than later, or what would stop people from just sitting forever?

I'll have to hunt around to see if I can find a classic car dealer or something to give an estimated value before damages.


Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #47 on: 05 October 2011, 01:01 PM »
Perhaps this will cheer you up? ;)

http://cgi.ebay.com/ebaymotors/1978-MERCEDES-300-SD-300-D-OWNERS-SERVICE-MANUAL-PARTS-W123-W126-1980-1985-W116-/250793459318?pt=Motors_Manuals_Literature&hash=item3a64747e76#ht_1946wt_769

Heh.  I've already got a bid in on these W116 chassis manuals.  I've seen this engine manual before, but would it still be appropriate for a 1980 which has a bit of a different engine?

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #48 on: 05 October 2011, 01:04 PM »
I spoke with the company who owns the truck that hit me - they agreed that $3,200 was a joke, and said that they are self-insured up to a certain amount, so might be able to work something out.  They asked how much I was looking for, and I said I wasn't trying to be greedy, but I thought that $8,600 would be fair.  He went and had some conference call about it, and came back saying that was approved, so I just needed to sign some paperwork and they'd issue a check.

Sweet deal.  Now I just need to see if I can get them to cover the hospital and towing bills too.

Update:  My roommate decided to be greedy with a personal injury claim, so now they're retracting their offer and punting it back to the insurance company. :(
« Last Edit: 05 October 2011, 01:23 PM by Raptelan »

Type17

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Re: Raptelan's 1980 300SD crashed
« Reply #49 on: 05 October 2011, 01:50 PM »
Just seeing this now - really sorry for your trouble.  :( >:(


Hold out with the insurance co/truck company/roommate - time makes them suit you, just to close the case - years ago, a guy in a rental car pulled out in front of me and then jammed on (not malicious, he was lost and in the wrong lane and panicked). The rental company's insurance wanted my insurance co to pay (around $7-8k in today's money), but I didn't want to lose my NCB (no claims bonus) for something that wasn't my fault, so I gave my ins co instructions not to pay out, including reasons why, and then wrote to the rental co's ins co, telling them why it wasn't my fault, and that I wasn't going to allow their claim, and that I should really be claiming off them (although there was no serious damage to my car). I left them to stew and sent copies of the previous letters whenever they contacted me and, a year to the day from the incident, they called me and offered to drop the whole thing if I signed a declaration that I wouldn't claim from them either, which I happily did.


Stick to your guns, you have everything to gain by doing so.

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #50 on: 05 October 2011, 02:01 PM »
My roommate basically wants to take a week off work - he had a headache the first day and some muscle stiffness the following but has been working anyways and been overall okay.  But he's trying to get $1000 personal injury money.

So if I have to pay him that I'd rather just do that.  Covering the hospital/towing bills, I'd still be left with $7,300, which is considerably better than $3,200.

jbrasile

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Re: Raptelan's 1980 300SD crashed
« Reply #51 on: 05 October 2011, 02:25 PM »
Casey,

$8600.00 is fair + they should cover the hospital bills and towing, those expenses should actually come from their 3rd party  personnal injury / towing  policy coverage so I don't see why they are making such a big deal out of it. I think they probably got upset because they think your room mate was trying to take advantage of the situation, that was probably their perception. I'd let things cool down for a couple of days and contact them again, sounds like you are now on the right track and if you do get the $8600.00 let's look long and hard for a pristine 300SD!

Good luck and take care,

Joe

Ilike300sd

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Re: Raptelan's 1980 300SD crashed
« Reply #52 on: 05 October 2011, 04:21 PM »
My guess is they freaked out when personal injury was brought up.  Any contractor's greatest fear is personal injury matters.  It's a huge, huge, deal.  One violation of OSHA (not an injury, just a reported safety risk) can be 10s of thousands.  One personal injury can be in the millions.  It is 100% different to talk to a contractor about replacing property vs. talking to them about personal injury.  You have to somehow get that personal injury thing out of the equation to get money for the property damage IMO.  Not saying that you or your roomate shouldn't seek personal injury money.  That's up to you and I don't have an opinion on that (well I do, but I won't share it) I'm just explaining what I would think if I was the contractor.  Contractors like to work with people to get things done and get on to the next project.  If you let them know you will work with them to make everyone happy I think they will do the same (guess, not knowing the contractor).
79 450 SEL
96 E320
79 300SD
83 240D 4 sp
87 300D
65 200D 4 sp
66 200 4 sp
79 240D 4 sp
84 300TD at
84 300TD at
81 240D at
78 Porsche 928 5 sp #107
82 Porsche 928 auto
08 VW GTI DSG
73 Ford

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #53 on: 05 October 2011, 05:18 PM »
$8600.00 is fair + they should cover the hospital bills and towing, those expenses should actually come from their 3rd party  personnal injury / towing  policy coverage so I don't see why they are making such a big deal out of it. I think they probably got upset because they think your room mate was trying to take advantage of the situation, that was probably their perception. I'd let things cool down for a couple of days and contact them again, sounds like you are now on the right track and if you do get the $8600.00 let's look long and hard for a pristine 300SD!

My roommate is demanding at least $600.  My perception is also that he's trying to take advantage of the situation.  He claims he deserves something for pain and suffering.  So whatever.  I guess I'll just take the $8,000, it's not a terrible deal really, assuming I can keep the salvage.  That should leave me with a good amount towards another 300SD, and a large quantity of spare parts.

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #54 on: 05 October 2011, 05:27 PM »
Not saying that you or your roomate shouldn't seek personal injury money.  That's up to you and I don't have an opinion on that (well I do, but I won't share it)

Feel free to share, you won't offend me!  My opinion on it is that really minor injuries are just a chance you take by living every day and not somebody else's responsibility to pay for it.  I know this isn't a very popular opinion in America, but it is what it is.  Now if I was wearing a cast or was seriously unable to do my job, it might be another story.

Gerard

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Re: Raptelan's 1980 300SD crashed
« Reply #55 on: 05 October 2011, 05:28 PM »
My roommate is demanding at least $600.  My perception is also that he's trying to take advantage of the situation.  He claims he deserves something for pain and suffering.  So whatever.  I guess I'll just take the $8,000, it's not a terrible deal really, assuming I can keep the salvage.  That should leave me with a good amount towards another 300SD, and a large quantity of spare parts.

Keep the final details of the settlement from your room-mate.  He may try to up his "fee" if he finds out what your final sum is.  Does he know you post here even???
I'd also get him to sign something to call it quits at the $600.  I know it doesn't sound nice, but neither does his demand for compensation from you.  Play this type of guy at his own game.
Anyway, hope this episode is gonna work out kinda positive for you after all.  hang in there.

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #56 on: 05 October 2011, 05:38 PM »
Keep the final details of the settlement from your room-mate.  He may try to up his "fee" if he finds out what your final sum is.  Does he know you post here even???
I'd also get him to sign something to call it quits at the $600.  I know it doesn't sound nice, but neither does his demand for compensation from you.  Play this type of guy at his own game.
Anyway, hope this episode is gonna work out kinda positive for you after all.  hang in there.

I already told him that the amount they were offering, which is why he wanted his cut.  We've been in daily conversation about what's going on with the insurance company, etc. since day 1.  He was hoping to get $1000 settlement from the insurance company, and wanted that much from me, but we settled on $600.  Maybe the insurance company would readily pay that much, even with only a $39 hospital bill - I don't know, but they didn't seem very willing to give me a fair amount for the car.  So yeah, at first $600 seems pissy, but from his point of view if he signs the paperwork required to get me the settlement, he's out $1000 that the insurance company sounded like they were going to give him.

It's all good.  I'm not greedy and this is still more than twice as much as the insurance company was offering.  Gotta look on the bright side. :)

jbrasile

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Re: Raptelan's 1980 300SD crashed
« Reply #57 on: 05 October 2011, 06:49 PM »
Casey,

If you end up with 8k and the salvage you will be fine. Give the guy his $600.00, have him sign a release that acknowledges he accepted this as a final settlement, maybe even have it notarized, and move on.

Part of the mess we are in right now in the States is due to this "law suit happy" and "how can I take advantage of this situation"   mentality, people don't realize how it impacts our lives in so many ways increasing costs, damaging businesses, etc.., it's just sick...

I hope it works out and that we can soon start helping you find your next 116.

Good luck Casey!

Joe

Casey

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Re: Raptelan's 1980 300SD crashed
« Reply #58 on: 06 October 2011, 01:46 PM »
Paperwork was all signed by both of us today, should be receiving a check in 10 days or so.

I've got a couple possible 300SD's in mind, and will be keeping an eye open for anything else that appears on the market in the interim.  I'm also seriously considering picking up an inexpensive W123 240D as a commuter vehicle, as if I want to live somewhere with adequate space for doing more car work even during the winter, to be affordable is going to mean having a longer daily commute.  I'd rather keep the miles/risk off of the W116's.  So if I go down that road, I might even save up a while longer and wait for a really immaculate low mileage 300SD to become available.  Just playing it by ear for now.
« Last Edit: 06 October 2011, 01:49 PM by Raptelan »

calvin streeting

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Re: Raptelan's 1980 300SD crashed
« Reply #59 on: 06 October 2011, 03:20 PM »
any news on getting the car of the insurace company.. for spares.