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CLK320
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Discussion Starter #1
Like the title says, I am going to court. I was involed in a auto collison 5 months ago. The lady side swiped my car from fender, the part infront of my door near the hood, all the way to my bumper and ripped the cornor off, this happen on the driver side. She was going about 40-45mph with a BIG Yukon. I put my lights on and went to the side, other then the physical damage some of my electonics went out as well

-Drive seat
-Sunroof( I had it open at the time, and it wouldnt close anymore)
-turn signal switch
-windows dont work
-Computer throwing up codes

Now you would think when I made the claim I told them all those things went out and need to be fix. Well they didnt even LOOK at these things. Nor did they do a good job in the money as well. I had to go out and fix the damaged with my money,so give or take 3k. I have paperwork in all, and a statement from the shop saying all the damaged where from the collison. They haved explain to me how those things were damged. I would like to hear the thoughts from you guys so it may help me in court explain how. So if anybody can help me explain how these things were damaged I would greatly thank you for your help. For the lawyer said I must do my own hw so if the judge ask me I wont look stupid.

-Driver seat I can explain
-Sunroof, I can explain but would like to hear some input
-Turn signals-HELP
-Windows not working-HELP
-Computer, it throw up those codes cause of the above
 

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2000 CLK430 2010 S550 4matic
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532 Posts
Good Luck! Its not going to be easy.

First - do you have collision on YOUR policy? Your insurance company should have gotten involved to negociate with THEIR insurance company. Thats the way it is supposed to work. You NEVER should have accepted a dime until the claim was handled properly.

You shouldn't have to explain how things work to a judge or why they need to be fixed. An ESTIMATE from the bodyshop should have that information. I'd be surprised if you even see the inside of a courtroom - once you hired a lawyer the other party's lawyer never want this to go to trial - they always settle at the last minute. Going to court and presenting this stuff at trial is very expensive. Its cheaper to payout rather than rack up expensive legal bills - unless the insurance company gets involved and they have the time/patience and money to hold out.


You should have gotten TWO estimates for TWO different shops with an accurate dollar amount. You really have to get all the information so when they try to screw you there is some backup numbers. Also most policies or any decent insurance company allows for hidden expenses or things that are unseen when the shop starts to do the work.

If you would have been a little more proactive it wouldn't have gotten to this point. Do you have a police report showing her to be at fault? Was YOUR insurance company contacted and did they get involved or did you do all this off policy?

I hate to say it but you need a lawyer at this point - taking the PERSON to court isn't going to do much on your own. You have to be super articulate, understand the law and be able to PROPERLY present your case to a judge and possibly her lawyer or her insurance company's lawyer. The burden of proof (legal term for: its your responsibility to prove your case - not prove she/he is wrong) is something all Plantiffs (YOU) have to prove. This is much harden than her/him making her case thats she isn't wrong.

Ok so you may win - now how do you get your money. Thats even harder unless they willingly fork over the cash - which they won't. They'll appeal which mean it starts all over again and its much harder for you to win at this point because certain evidence is not allowed. If you win that you'll have a major time getting the money - because you'll have to send it to collections.

Lastly - this isn't going to be easy by no means. If you are against an insurance company they basically have staff lawyers sitting around doing nothing except waiting to defend their company.
 

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CLK320
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Discussion Starter #4
Ok I wasnt just sitting around while the Allstate, opps did I say Allstate? Oh well now you guys know. I did move around getting paperwork proving they took too long to see the car. Now about a second est. I couldnt get a second cause, the car wasnt safe to drive since the bumper was dragging on the floor, and to tow it well....they still havnet paid for my tow from where it was to Mercedes Benz contrated bodyshop. MB Shop said they couldnt work on it cause it was in a collison before and protocalls say not to work on cars with history. So I found a place that would look at it, give me a est, and work on it. So NO I wasnt just sitting around I was "proactive". Yes its small cliams court cause what lawyer is going to drive to court for 3k. so says the lawyer I talked to.
 

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92 190e 2.6 Sportline, 2005 clk55
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1,197 Posts
Ok. Like stim141 asked do you have a police report showing her to be at fault. if you have that and an est showing all that stuff needs fixed and was from this collison you should be good to go. A statment from the repair shop wouldn't hurt either. small claims is no big deal and it is there burden of proof. its nothing like those shows on tv. If you have never been you will see. just keep quiet and only talk to the judge.
 

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CLK320
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Discussion Starter #6
Well when I called the Police department, they said no police report was filed. They couldn't find anything for the night of my crash. Also I know I can or already sound agitated, its cause with all the crap of Allstate but I GREATLY!!!! Appreciate your guys help. But other then no police report, I have paperwork and ya I know it's NOTHING like what is shown on tv, I've done my hw on how to address the judge and etc, so I won't look like an idiot.
 

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2002 CLK 320
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158 Posts
I used to work for Allstate ... some adjusters are horrible and some are good , i dunno why your car wasn't properly fixed in the first place ... u The thing is you can should your own indie or go have the car fixed by whoever the insurance company has agreementz with ... where did u go

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CLK320
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Discussion Starter #8
Yes I know the cliché very well, how one; or in my case MANY, can ruin it for the rest. Ya they agreed on the place I took it too. The Mechanic explained why the electrics failed to the adjuster, their was a HUGE argument, as the adjuster criticizes them for even taking the job of fixing my car. The mangers of the adjusters recognized that the electrics did go bad but said and I quote "I won't pay a penny more on your car" referring to the electric's. Also he was very rude, unprofessional, and wouldn't listen to reason. So I got the car fix with my own money. Jay I have a arms length list of people that I've talked to and nobody wants to help or they play dumb. So forgive me for saying this. You couldn't PAY ME ENOUGHT to go back to Allstate and I advise all my friends not the sign up with them.Maybe in Canada Allstate is a good company where you are in good hands but, here in California? They have proven otherwise. Nothing against you Jay.
 

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2002 CLK 320
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Hey , i said i USED to work for allstate .... I'm not with them for a reason too bro lol ... Listen , that's bullshit .... if they agreed to have the car appraised n fixed with the guy of your choice then i dunno why there saying they won't pay whats required to get the car totally back to what it was before the accident ... I'm in Montreal Canada so maybe US insurance is different but u gettin bullshitted n fucked ,doesn't help that ur adjusters an incompetent moron who doesn't give a fuck ... lol

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CLK320
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Discussion Starter #10
UPDATE!!!!

So I took them to court, small claims, once the judge heard my story, I gave him names of the people who wouldnt help me and how long it took them, he saw my service records and the bills of the repairs of the damges. The Allstate rep told the judge, "We never had anything on file about inside damge" the judge then said "Why is there a bill for 1700 in just the eletronics alone?" Ya the rep said nothing. The whole time the rep reposned to the judges questions with, "uhhhh, I dont know" in fact, I showed the judge the checks they sent me, which I NEVER cashed in, and even the Rep was clueless into the checks. The rep also couldnt make the number work, as in she couldnt explain why some of the checks were cancelled and, how I never got the "check to cover the tow" which they never wanted to cover as I told the judge. Then the Rep told the judge and myself that, "Mr.Garcia, regurdless of the outcome you can cash those checks and I am SOOO sorry for horrbile treatment you got from us" So not even 30 mins the judge said "I have heard enought, I will send my verdit in the mail" couple of days later I got a letter saying I won and addition to the checks I have on hand Allstate has to pay additional 1450. So the total was close to 4000 with interst, cause after the judge heard and saw the car wasnt fix till FOUR MONTHS after the colision.
 
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