Mercedes E350 Burn shortly after repairs - Page 2 - Mercedes-Benz Forum

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post #11 of 17 (permalink) Old 02-10-2011, 12:53 PM
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Which dealership is this ?

... and this important discussion continues.

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post #12 of 17 (permalink) Old 02-10-2011, 03:04 PM
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Think about calling a lawyer.

You are entitled to fair compensation for the loss of your vehicle, assuming that your insurance may not have given you the FMV of the car. You should not end up out of pocket for anything, including a rental car.

Go talk to the manager of the dealership and tell him you're going to seek legal counsel; if they want MB want to point fingers at each other that's fine, but one or both is liable for your loss. If they still are playing BS, then seek legal counsel.

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post #13 of 17 (permalink) Old 02-11-2011, 06:50 AM
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that's really interesting
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post #14 of 17 (permalink) Old 02-13-2011, 06:39 PM
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you should not give them car back to their dealership.
They can do whatever want to mask an issue in work done.
You need independent assessment of the car to prove fire cause

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post #15 of 17 (permalink) Old 09-28-2011, 07:26 AM
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Hi Sid,

Read your sad story and would I am sitting in the same boat as you although mine did not catch fire. I would like to get your email address so I can give you my real story and we can share pointers. I love my car or rather loved the car I bought before they fiddled with it.
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post #16 of 17 (permalink) Old 10-06-2011, 06:44 AM
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Sorry this happened to your car. It sucks but I'm glad the insurance paid for it. If it was worth more than what you owed on it, you should be getting money from the insurance. If the dealer was found liable for the fire, the dealer is responsible for any incurred costs such as rental car or deductibles. They however do not owe you a replacement car. They owe your insurance the money the insurance paid to pay off your loan. It is up to you to get another loan on a replacement car.

If it was a good dealer, the least they can do is sell you a replacement at their cost.

It's not really fair to have your car burn (no mater who's fault) with a loan and end up with a replacement with no loan on it now is it?

Anytime there is a fire, be it motor vehicle, home, or whatever, there should be a police and fire report for the cause. I would look into that first and find out what is going on. If you do not get enough information, you can always go the lawyer route and file a suit. Then your lawyer will be able to subpoena for their test results.

The problem is the cost will probably be more than what you will be able to recover. Like I said earlier, the court will not give you a new/replacement car. They would reward you the fair market value of your car at most and any incurred expenses (not including your lawyer and court fees; at least in MI they wont). If you do however win this and get this, your insurance will want their money they paid your loan off with back. If you do not, this will be insurance fraud and double dipping.

If you already accepted your insurance offer than there is no chance to argue fair market value from them. It's settled and done with in their eyes.

Good luck and hope this helps

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post #17 of 17 (permalink) Old 10-21-2011, 09:41 AM
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The job of insurance is to put you back to where you were. It has never been a goal of an insurance company to see to it that you profit from accidents. Be thankful you came out okay and that your family is uninjured. Any compensation awarded will go FIRST to the insurance company to satisfy their losses as it should be.
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