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2002 Mercedes E320 4-matic (STOCK)
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Discussion Starter #1
As it unfortunately turns out lending my younger brother my car ended up being a headache afterall. Supposedly a drunk driver hit him from behind at a red light which caused him to hit the car infront of him as well.

So heres the damage:

The back bumper looks presentable however there is a 3 inch crack towards the bottom of the bumper which can only been seen if looking underneath the vehicle. Not to mention a 2 inch paint scratch.

The front bumper is cracked in the place above the license plate. The crack is approximately 3.5 inches. (So this definitely needs to be replaced)

Any advice to go around cleaning this up? Go to a body shop? Merecedes? How to paint the same color?

2002 Mercedes Benz E320 4 Matic (Blue)
 

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89 300E; 00 E320
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Supposedly?
Use Mercedes or a most highly recommended shop and call the drunks insurance company and submit a claim.
 

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2002 Mercedes E320 4-matic (STOCK)
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Discussion Starter #3
Claim

Filing a claim would result in the insurance going up the roof even if my brother wasnt at fault. Any money geico would pay out would end being canceled out by the policy increase.
 

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Filing a claim would result in the insurance going up the roof even if my brother wasnt at fault. Any money geico would pay out would end being canceled out by the policy increase.
Not true. You would have no liability if someone else caused the wreck which led your car to hit the one in front. The proximate cause is the drunk. If he has no insurance then yours should pay and your rates should not be affected.
 

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I've been in your situation. If possible get the drunks insurance to pay, with your insurance involved as a back up to get reasonable treatment from his insurance. Keep in mind that ALL insurance companies are sleazy, and all are reluctant to pay out. It may affect your premiums, but you can do as I did. When the higher bill comes, shop around. You can likely get a lower price than what you currently pay.

There are usually energy absorbing components behind the bumper covers that likely were damaged and need to be replaced to get the safety of the car back to normal.
 

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Discussion Starter #6
"If you have a spotless driving record, it is highly unlikely that your premiums will increase after an accident that wasn’t your fault. However, if you have just one related traffic violation, or fender bender prior to this no-fault accident, then you will probably see an increase in your rates. The length of time varies from company to company. So, if you were an accident that was your fault two or three years before this no-fault accident, the insurance company might consider you “accident-prone” and increase your rates. The length of time between accidents varies from company to company."

Premiums Increase After At Fault and No Fault Accident

Considering the repair, would it be more cost effective to purchase the bumpers online and have a paint shop paint them?
 

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Call your state insurance commissioner. His or her office will be able to deal in facts with you. I do not even know which state you are in, but in my state you would not be penalized and your rates could not go up unless you are at fault.

It seems to me that you have damage to your back bumper area which indicates to me that someone else was as fault in the wreck.
 

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In Georgia the insurers are regulated and must differentiate from at fault and not at fault.

From Georgia Insurance Commissioner website:

QUESTION: I have been with my insurance company for five years and always paid my premiums on time. Now, the insurance company is not going to renew my policy just because I had to use it for three small accidents which they said were my fault. Isn’t that why you have insurance? They can’t legally non-renew me can they?

ANSWER: Any insurance company can non-renew a policy if their insured has had more than one at fault accident in the past three years or all claims payments total $750.00 or more.

QUESTION: My insurance company has an estimate to repair my car for $1250.00 from a repairer but I want to have the car repaired at another shop for $250.00 more. Can I require the insurance to pay me the difference in the amounts of the two estimates?

ANSWER: If the estimate of the insurance company is that of a reputable repairer or if any other repairer will do the work for that amount, the insurance company will not have to pay you the difference in the estimates. You can, of course, take your car to any shop of your choice but in these circumstances you have to pay the cost differential.

QUESTION: The other party's liability insurance company has denied my claim stating their insured was not liable although I provided them with a copy of the police report that clearly states their insured was at fault. Can they do this?

ANSWER: The insurance company conducts its own investigation and makes its decision as a result of that investigation. The Georgia Code says that carriers will have a procedure to insure prompt investigation and settlement of claims. Thus a carrier has some leeway in the elements used in investigations. Carrier may take statements of both drivers and any witnesses, reviewing the police report, inspecting the accident site and checking the points of impact on the involved vehicles.

QUESTION: I was in an accident and the other party was clearly at fault and the policeman gave the other guy a ticket. The other guy's insurance company is refusing to pay for my damages because they feel I was somehow at fault. Can’t the Commissioner’s office force the other guy's insurance company to pay for my damages?

ANSWER: Determining who was at fault, blame or legally liable in an auto accident does not fall under the legal purview of the Commissioner’s office. This involves a question of fact and a civil matter which can only be settled in the proper court of jurisdiction. The Commissioner’s office role in third party liability claims is greatly limited and is primarily confined to ensuring that the other person’s insurer is conducting a good faith investigation.
 

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Not true. You would have no liability if someone else caused the wreck which led your car to hit the one in front. The proximate cause is the drunk. If he has no insurance then yours should pay and your rates should not be affected.


This is correct, if it wasn't your fault, your rates will not increase. You would have to be more than 50% at fault before an accident could be surcharged. But, lending losses are not good... have a couple of these and you might get dropped. The problem with filing thru your own carrier is that you will have to pay your collision deductible, if you file thru the at fault parties company then you will have no out of pocket expenses. Good luck!
 

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2002 Mercedes E320 4-matic (STOCK)
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Discussion Starter #11
Insurance

Would the premium go up if..

My brother had a moving violation within the past year
Got into his first at fault accident last febuary

?

Or should i rather call the guy and ask him to pay up for a portion of the repair which really means 500 dollars at most ?
 

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No, ask him to pay up for ALL of the repairs. Give him 48 hours or call his insurance company.

You could sue him in small claims court for a $100 filing fee if you were in GA. Sometimes the paperwork he receives from the court would be all that is necessary for him to pay.

Your car should look fine after repair as black is black. Hate you have to go through all of this and it could have happened to anyone. Glad your brother is ok.
 

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What about the car that was in front of you? If there is damage then they may want you to pay, but I don't think you should. I'm not an attorney so for legal advice please consult one.

The guy that hit you should pay for their damage as well. This is where it may help to have the insurance companies involved, so that liability is determined and placed on him.

Otherwise it could end up a couple of years later and they come to you for payment of an injury. There is a 2 year statue of limitations here. Many settle on the courtroom steps one year and 360 days later.
 

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What happened to the car in front -- if it was damaged you may have a problem.

If the insurance carrier for the person who hit your brother accepts full responsibility then you can work with them directly. This would be the only way to proceed if you do not have collision coverage on your car.


Unfortunately, if the car in front has any damage you may get into a dispute over who is at fault -- and this falls under your liability policy.
 
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