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Raptelan's 1980 300SD crashed

Started by 1980sdga, 26 September 2011, 11:12 AM

Casey

#30
Quote from: TJ 450 on 01 October 2011, 08:29 AM
If I was faced with that situation, I would drive around in the 450 for a while and keep an eye out for a nice SD with a stuffed engine/trans.

I'd try and retain the crashed SD, then swap the engine/trans over into the new chassis.

Otherwise, I'd put the SD engine in the 123, then find another SD in due course.

*nods* We're pretty much of the same mind.  Only if I'm going to bother about with engine swapping anyways, I'd rather like a long wheelbase W116.  8)

The W123 has rather a lot of problems...it's engine is really not that big of a deal in contrast with the rest.  The rear end sounding like it's going to fall completely apart when I hit a small bump in the road, well that's a little more concerning.  But the biggest problem is that it's not a W116.

CJP28

Quote from: Raptelan on 26 September 2011, 10:22 AM
A semi turned left right into me today and totaled the 300SD (and cracked my ribs).  The whole front end is mashed in about a foot; the door that I had to kick open won't close now, both doors are damaged, the front axle is badly bent, the windshield is broken, and even the muffler is broken loose.

Sad day.  :'(

On the bright side, if I were in a lighter car, I'd probably be dead.  Gotta look on the bright side...

Aww man..... I'm really sorry to hear this  :( and to see the way the 300SD was effected.. I'm glad you're fine, and that your ribs didn't break according to your x-ray claims. Well that's life man, shit happens, nothing is meant to last forever. I hope you get well soon. Take care.


Casey

#33
This morning the insurance company called me with an offer of $3,230, which they claim is the "actual cash value".  This is a ridiculous number.  I sent them scanned receipts of most of the things I've purchased for the car after this conversation, though the lady said it "probably wouldn't help much".

How can I get a higher offer from them?  $3k is effing ridiculous.  That's not much more than half what I paid BEFORE putting any work into it, and I feel I got a pretty decent deal given the condition.

1980sdga

I would get names and numbers. Ask the lady who you need to talk to.

Find some recent sales of 116 300sd's and send it in with your receipts.  I would ask how they came up with $3000.

If they send you a check DON'T CASH IT!

Squiggle Dog

Yeah, that's ridiculous. The insurance company needs to make you whole again and $3,200 certainly isn't going to! I would expect the insurance company for an at-fault driver of a commercial vehicle to have the means to pay out higher, so certainly, try to get more. Hopefully others on the forum can give advice on how to do so. Then I can be prepared if anything bad happens to mine, which I hope never will.
Stop paying for animal cruelty and slaughter. Go vegan! [url="https://challenge22.com/"]https://challenge22.com/[/url]

1967 W110 Universal Wagon, Euro, Turbo Diesel, Tail Fins, 4 Speed Manual Column Shift, A/C
1980 W116 300SD Turbo Diesel, DB479 Walnut Brown, Sunroof, Heated Seats, 350,000+

jbrasile

Casey, that is ridiculous.... have you ever mentioned to them that you were actually injured? Did you go to a hospital or doctor and got a medical report ?

They must compensate you for both the car and your injury. If they refuse to play ball get an attorney and go after them. I know it is a PITA to have to do this, but the only way to get their attention is to be as aggressive as you can.

Did you get the average value for your car from  NADA or Old Cars Magazine? That will help you prove your point as far as the values for the car.

I am truly sorry that these guys are giving you such a bad time, but that is just the nature of it.

One more thing, was there a police report filed? This is important because the fact that you were injured should be stated in there as well.

Keep us posted.

Tks,

Joe

Casey

Quote from: jbrasile on 03 October 2011, 01:00 PM
Casey, that is ridiculous.... have you ever mentioned to them that you were actually injured? Did you go to a hospital or doctor and got a medical report?

Yes, the hospital just took X-rays and said nothing was broken so it should feel better in "a couple of days".  It still bothers me, but it's no big deal - I know it just takes time for ribs to heal so I'm not stressing it.

QuoteThey must compensate you for both the car and your injury. If they refuse to play ball get an attorney and go after them. I know it is a PITA to have to do this, but the only way to get their attention is to be as aggressive as you can.

I've tried calling a few lawyers but they all seem only interested in doing the personal injury crap, which isn't my concern.

QuoteDid you get the average value for your car from  NADA or Old Cars Magazine? That will help you prove your point as far as the values for the car.

Yep.  NADA value is $8,600 for average retail, $12,000 for high retail.  I think my car would fall into the high retail category.  Insurance company claims that they don't pay retail, they pay "actual cash value".  So I looked that up and it said to check NADA so I don't know what the hell that means.  I tried explaining to the woman that there is no way that I can buy another 1980 300SD, even in worse shape, for the amount they're offering.  They basically don't give a crap and I guess just expect me to buy some other junky 30-year-old car..

QuoteOne more thing, was there a police report filed? This is important because the fact that you were injured should be stated in there as well.

There was not.  I asked the police for one but he said it wasn't needed since it was obvious who's fault it was.

jbrasile

Ok,

1) Even though there was nothing broken you did get injured, therefore you are entitled to compensation for that

2) Yes, lawyers will want to go after and injury case because that's where they can make money in a lawsuit against the insurance company. Cases like yours will probably never go to trial but will be settled. I wouldn't pursue that out of principle but since they are not playing fair anything goes at this point...

3) Car value: I think the insurance company is obligated by law to compensate you for the average retail price of the vehicle as published in an legally recognized price guide so they have no grounds here. See if an attorney can clear that up for you.

4) Too bad about the police report, cops will get lazy sometimes and tell you it is not needed, but having a report does help when it's time to fight for your rights...


Tks,

Joe

Casey

Lawyer wants $200/hour to do anything, doesn't think it would be worth the money.

Looks like I'm just stuck taking the insurance company's lousy offer.

1980sdga

I had an accident last year. My car, my insurance. Hit a deer  ::)

Anyway...

I had driven the car home so the adjuster came out to look. Checked it out and a few days later they sent me a check for $700  ::)  I sat on the check and talked to the adjuster and told him that wouldn't cover it. They sent me another check for $250.  Same boogie, they finally sent me a check for $1000.  All the additional checks were "supplemental" or something. I ended up getting $1950 which was fair.

I would talk to the adjuster. They are counting on you just cashing the check and calling it a day.

Good luck Casey!

Casey

Quote from: 1980sdga on 04 October 2011, 04:44 PM
I would talk to the adjuster. They are counting on you just cashing the check and calling it a day.

That's the stubborn woman I've tried talking to every day that she'll answer the phone.  They haven't sent a check anyways.  I really don't want a $3200 check, but what can I do?  I've got NOTHING to hold over them or bargain with.

calvin streeting


Ilike300sd

#43
I would suggest being firm, professional (not angry), and persitent.  They undoubtedly count on a large percentage of people taking the first check. 

It's analagous to car warranty companies.  Many car warranty companies automatically deny a claim at first if it is expensive.  They count on most people just giving up.  Small ones they pay but big ones they make it a hassle for you to get your benefit.  They are in this game to make money and they know every statistic imaginable.  If 80% of the poeple just cash the check and that's it, then of course they will proceed with that as an implied "this is all you get", because it works.  Persistent argument based on the facts should lead to a fair deal IMO.

I would gather the facts to make a compelling case (just a one page letter is enough documenting market rate, price guides, uniqueness of the car, and all the money spent on restoration) and then persistently stick to your guns until they give you something reasonable.  I suppose you could get an opinion from a professional shop to back up your argument that X dollars would be needed to get a car into this condition if you wanted to get fancy.  You can be prepared for it to take a little while but all your correspondence to them should say that time is of the essence that they are keeeping you from getting a replacement car etc.   Feel free to ignore... 2 cents Oh yes you can also get a meredes shop/ classic car dealer to give you an appraisal too.  That carries lots of weight.  Even if they only give you a range for what it would be worth.  It is another fact to add to the list of documentation.

1980sdga

Quote from: calvin streeting on 04 October 2011, 05:27 PM
Quote from: 1980sdga on 04 October 2011, 04:44 PMI sat on the check

how long for?

and  good luck Casey...

It took about a week for them to send another check. I think the whole process took about a month.  I called and thanked them, yadda, yadda... The whole process was a PITA...

Yea, be courteous, just let them know where you stand.

A friend who runs a body shop told me not to cash the check. He said that the insurance company still has an open case until the funds are divvied out and the agents want to close cases. Cashing the check could mean that you've accepted the settlement.

Is there any type of lein on the car?