Anyone Know a Good Insurance Attorney (Texas)? - Mercedes-Benz Forum

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post #1 of 21 (permalink) Old 08-12-2014, 06:38 PM Thread Starter
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Anyone Know a Good Insurance Attorney (Texas)?

So, our insurance company has been tryinv to total my CLK350 since day one. They've overstepped their authority several times by trying g to take the car, trying to style with the finance company and gap insurer behind my back, etc. etc.
The car is repairable economically and all along that's what I've been trying to get.
We are at an impasse with the insurers and I think its time to sue.
So does anyone know a good Texas insurance attorney?
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post #2 of 21 (permalink) Old 08-12-2014, 06:39 PM Thread Starter
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Apologies for typos. Using my droid!
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post #3 of 21 (permalink) Old 08-13-2014, 05:24 AM
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Sue for what?
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post #4 of 21 (permalink) Old 08-13-2014, 06:04 AM
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The job of an insurance company is to put you back where you were at. If it was my CLK that had been in an accident and they wanted to total it out, I'd hand them the keys because even if they repair it, you have a wrecked car that is tagged as such. Insurance adjusters look at all aspects of a vehicle repair including the possibility that undiscovered damage will show up during a repair and the economic feasibility of proceeding. If they were trying to shaft you on the price they offered you for the vehicle, that's one thing. But wanting to sue them for totalling your car is assurance no company will touch you with a 20 ft. Pole when all is done.
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post #5 of 21 (permalink) Old 08-13-2014, 06:45 AM Thread Starter
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Its about getting a fair price or getting the car repaired. The car can be repaired, the frame isn't bent, and they just want to profit out of the accident. A repair won't necessarily result in a salvage title and as we would keep the car for several years anyway, who cares? If they give us the car and a big chunk of cash and WE decide to repair it, the insurance company is off the hook anyway. If WE part out OUR car ( it doesn't belong to the insurer until we agree to sell it to them) then EE can profit. Alternatively, there are plenty of cars that have gone through far worse and last forever (my first two cars were each two different cars, front and back, welded together).
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post #6 of 21 (permalink) Old 08-13-2014, 07:38 AM
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How the insurance company can profit by paying you cash for the wreck?
Normal procedure in such incident is total the car and give you the option to buy the wreck back.
At this point it comes to play with the numbers if the price they want for the wreck is worth it.

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post #7 of 21 (permalink) Old 08-13-2014, 07:55 AM Thread Starter
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Insurance co. pays out $17k (what they're offering) for the car. Sells the car to used parts specialist for $20k. Instant $3k profit. Gap insurer picks up the tab.
The insurance co. is refusing to hand over the estimate but we have been told verbally $14k using all new genuine MB parts and (higher than retail) labor rates.
I reckon it can be fixed for quite a lot less using used parts and retail labor rates. Its a 2008 so I don't see a problem using a headlight from another 2008, for example.
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post #8 of 21 (permalink) Old 08-13-2014, 08:00 AM Thread Starter
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If the insurance company was genuinely putting us back to our pre loss status they would be paying much closer to the $23k plus 6.5% Texas sales tax plus etc. etc we paid for the car. If they were offering to do this I would quite happily let them have the car.
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post #9 of 21 (permalink) Old 08-13-2014, 10:56 AM
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I would love to have what you had for breakfast.
How wreck of $17k car is worth 20k ?
If you don't agree with the value, it is disputable, but whole procedure is well establish.
When initial repair estimate is about 80% of car value, the insurance rather will have it total, than deal with surprises after starting the repairs.
14/17=82% plain and simple.


Last edited by Kajtek1; 08-13-2014 at 10:58 AM.
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post #10 of 21 (permalink) Old 08-13-2014, 10:11 PM
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Quote:
Originally Posted by IWantedaJag View Post
Insurance co. pays out $17k (what they're offering) for the car. Sells the car to used parts specialist for $20k. Instant $3k profit. Gap insurer picks up the tab.
The insurance co. is refusing to hand over the estimate but we have been told verbally $14k using all new genuine MB parts and (higher than retail) labor rates.
I reckon it can be fixed for quite a lot less using used parts and retail labor rates. Its a 2008 so I don't see a problem using a headlight from another 2008, for example.
Your math doesn't work. KBB on your car is about $21,700. If it costs 14k to fix it, they're going to total it. No wrecking yard in their right mind would give anything close to 20 k for this car. At auction, 5,000 tops. (I used to work with a rebuilder and I know how this works. They buy them cheap and then fix them with cobbled parts). You need to negotiate what it's worth which is $22,500 high retail and work from there. If they don't budge, then go to arbitration which is what the remedy is through most insurance companies. If you owe more than what they give you, that's where gap insurance comes into play. Often times people pay a 20% premium for a CPO and if that's what you did, then that's where you are going to get short changed. 17,000 is definitely a lowball and I wouldn't stand for it. But the fact is that it's totalled and you have to come to terms with that. If you choose to buy it from them after payout, then you're going to have to pay them what they estimate it to be worth at auction.

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