Rear-endend today - Page 2 - Mercedes-Benz Forum

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post #11 of 52 (permalink) Old 11-10-2004, 05:49 PM Thread Starter
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RE: Rear-endend today

This is the update:

First:
You dont want to be hit by somebody insured by Fred Loya Insurace (Houston, TX). They have the most obnoxius personnel in the claims department, nobody really intrested and they try to avoid at all cost answering the phone, lets not even talk about paying.

To put it simple: It would be easier to get my local congress man on the phone than it is to reach the "Claims Agent" assigned to my case.

Second:
We thought we were both unhurt, but 3 days after the crash my wife is in severe pain in her back, neck and chest. -- Fred Loya says they can only reinburse medical expenses once we're fully released by the doctor. So they want us to pay for medical expenses out of our pocket. Again, be afraid of dealing with Fred Loya.

I guess I will need to get an attorney after all...


Third:
On Monday I found out that the lady who hit us has the minimum coverage on property damage required by the state of Texas: 15,000 USD. But Fred Loya's people told me I should be happy since 65% of the drivers in my area do NOT have insurance at all.

My insurance has a coverage of 250K for property damage... Is there something wrong here, or is it me???


On the bright side:
Since I was hit by a "huge truck" the impact was very high and the frame seems to be intact.
Both appraisers (mine and Fred Loya's) agreed on a 7,000 USD initial estimate.

My car was taken today to my dealership for repairs. They have yet to examine the damage and assess weather the estimates are correct.

Mercedes-Benz has agreed to give me a Diminished Value report to include in the final settlement with Fred Loya. Thats going to be a good round.


[V]
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post #12 of 52 (permalink) Old 11-10-2004, 06:51 PM
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RE: Rear-endend today

Its a state law to have auto insurance in TN if you own an auto.

Get an personal injury attorney now. It will save you a lot of head aches. Go see the Doctor and use your own medical inusrance and let the insurance companies fight it out later. Plus, you will get some extra cash for your pain and suffering. All visits to the Doctor, medicines, and bills must be fax over to your attorney.

Also call your insurance company and file a no-claim to let them know about the accident. This will help you to get your car fix. Anything that the driver's insurance company can not fix because of no more money will be cover by your insurance company. If that happens your insurance company will take the other insurance company or driver to court.

The pain will get worst. A week later I could not hold anything in my right hand, because it was on the steering wheel when I was rear ended. I had to wear a cast.

You have a about an 80% chance of frame damage because it is a uni-frame car. A truck hit me and I got frame damage.

I had an employee that made great money but did not understand insurance. He had the minimum of 25K and hit a Ferriah. His wages got garish by the court. The sad part of the story is the fact that I told him to get 300/300 and 1M umbrella policy a week earlier. Serves him right for not listening to me.

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post #13 of 52 (permalink) Old 11-11-2004, 01:39 AM
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RE: Rear-ended today

Your car is six weeks "old." Don't you have the right to have it replaced with another, so that the very valuable safety systems and characteristics inherent in the vehicle's design and construction are 100% intact, with no compromise? Even with the very finest frame repairs available, the metal STILL MOVED and was moved back to its original location. Since most of us buy M-Bs with the superior design and construction in mind, I believe that an argument can be made that you just won't feel as safe in a repaired vehicle as in one that has never experienced a severe impact. The insurance payment will trigger a loss record on the vehicle tracking systems, resulting in that "blemish" on a report at sale time. The same argument is made by owners of exotics like Ferraris and Lamborghinis that are stolen and recovered: the owners DON'T want them back. Why? Untold and expensive engine and drive train damage COULD (and most likely had) have resulted from some crazed joy riders at the wheel. A missed shift, exceeding redline, etc., all could drastically reduce longevity later and cause untold premature mechanical failures.
This may not be a viable option for you in your state and in your situation. Many people feel that a car that's been in a serious accident that they walked away from has done its intended job. Even properly repaired, if the exact same accident occured in the future, with an even larger vehicle, would the repaired vehicle offer 100% of the original protection? It's a thought.
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post #14 of 52 (permalink) Old 11-11-2004, 04:25 PM Thread Starter
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RE: Rear-ended today


I agree with you 100%. I am absolutely sure that my car will never be the same. Unfortunately in Texas if they total the car, they just hand me ou a check for the Actual Current Value of the vehicle.

Which wouldn't be enough to even payoff for the loan.

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post #15 of 52 (permalink) Old 11-12-2004, 06:06 PM
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RE: Rear-endend today

It depends on your insurance. MetLife will give you the exact amount of what you paid for the car up to the first 12 months. After that it is the current value.

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post #16 of 52 (permalink) Old 11-24-2004, 06:26 PM Thread Starter
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RE: Rear-endend today

Yet another update:

After struggling for a couple more days with Fred-Loya and our symptoms getting worse (both my wife and mine), we did get a personal injury lawyer.

The lawyer is paying for ALL our medical expenses (he will deduct them from the final settlement). He even sent checks to cover for all the invoices we had received so far. He referred us to an orthopedic surgeon. I turned out my sternum is fractured and both of us need theraphy for our necks. I will be taking medication and attenging therapy for 1 year.

My car has been now for almost 2 weeks at my dealership awaiting to be repaired. So far they haven't even touched it.

Tiggerfink's recomendation about getting a Lawyer is simply stated the best thing to do. If you get yourself involved in an accident like us, do NOT hesitate a minute and call a Lawyer immediately. Do not even waste your time with a third party insurance claim.
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post #17 of 52 (permalink) Old 11-25-2004, 12:57 AM
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RE: Rear-endend today

Sorry to hear about the fracture and bodily injuries.

Goodluck with the therapies. I hope you get well soon. May you have a happy Thanksgiving.

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post #18 of 52 (permalink) Old 11-25-2004, 07:57 AM Thread Starter
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RE: Rear-endend today

Thanks for your good wishes!
Happy thanksgiving day to you and your family!

As well as to all forum members!!! [;)]
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post #19 of 52 (permalink) Old 11-30-2004, 09:52 AM
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RE: Rear-endend today

I suffered from whiplash as a result of a head-on accident in 1980. I still have headaches until today, thanks to my ignorance.

Get your medical needs attended to FIRST. Days do matter. Keep going back and pay particular attention to pain, especially head and neck pain. I poo-poo'd mind until it was too late and even was dumb enough to sign off that medical treatment was sufficient. I've had chronic (weekly/daily) headaches ever since and have gone to a headache specialist on my own dime ever since.

Bottom line deal is that neck trauma can result in neck muscle damage that can probably be repaired if attended to promptly (within the first 90-ish days.)
If you don't (I didn't) scar tissue may form and the area may remain inflamed due to the scarring.

Prompt attention to the muscle damage and a lot of early physical therapy is important. The old 80-20 rule applies - you'll probably fix 80% of your problems early on.

It's your business what you do with lawsuits, but all the money in the world won't bring you back from a permanent injury. Nothing worse than an incapcitated spouse....

Good luck,
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post #20 of 52 (permalink) Old 11-30-2004, 12:27 PM
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RE: Rear-endend today

A friend of mine had a encounter with a lamp pole a few months back, and he had severe pains about 2 weeks later. I have no idea why that happens but it just does.

I'm really sorry to hear about the car, but I'm happy that your merc performed how it was supposed to.

Hope you follow tiggerfinks advice and get everything sorted out soon.

Good Luck
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