Apologies in advance since this is not for my car nor for a Jaguar. But I think this scenario is something that several others here have dealt with. My mom has a 2004 Mercedes E sedan since new and it has maybe only 40K or 50K miles on it (she is 92 now and does not drive much). The person who helps her out a few times a week was driving the car and had a very minor accident that was not here fault.

The damage to me looks very minor (see attached) but the insurance company (USAA) wants to total the car and give her a check. The amount they want to give is reportedly something like $7K I think. They claim it would cost more to fix the car and that seems ridiculous based on what I am seeing.

She wants to keep the car. Does anyone have experience with this type of situation?

Thanks,

Doug

 

I would normally have moved your question to Off Topic because it's neither XK8/XKR model specific not even Jaguar marque related.

However, we have a few tenacious insurance claimants on this forum who can likely give you some good advice so I'll leave it here for the moment.

Graham

 

Graham--I too would have started with the Off Topic section but I recalled there were some guys here who were pretty expert in dealing with these insurance things.

What we are dealing with here from the insurance company is a crazy high estimate to repair (4K+) and a ridiculously low valuation of the car ($5K). The insurance company claims that California has a total loss formula that basically controls in this case but, again, that is based on the baloney repair and value figures.

I have friends with newer Mercedes that had repairs of similar or less damage that ended up costing $2K, and looking at Autotrader the very lowest priced similar cars are maybe $5K but have huge mileage. I am pretty sure that a car in the condition of my mom's with mileage as low as her's would be at least $8K.

Doug

 

Doug, take the car to a couple of independent shops and get a statement of their cost to repair. Take them and throw them on the agents desk, if of course they are in line with your thinking.
If all else fails, ask what the pay out is with you getting the car. A salvage title in your Mom's case will be no big deal.
Nice guys finish last when it comes to insurance company's.

 

If I were faced with this situation I would

• push to settle with insurance for $2500 and keep car as is no title changes
• buy a used lens for < $150 on ebay (plenty of them available)
• pull the panel back out so the used lens will fit
• polish out what I could on the paint and live with a few scuffs
• bank the remainder

 

Frankly at 92 my mom does not have all that much use for a car but she does drive occasionally and the woman that helps her out a few times a week uses my mom's car during that time to drive her around. My mom would just as soon fix the damn lens and be done with it, which is why she was figuring the fix would be trivial.

The repair quote she got was from the shop that the Mercedes dealer uses and I am confident an independent could get it done for 1/2 the price. The insurance company (USAA) suggested I get some independent quotes and I will also look up some local ads to show the car would be at least a couple of thousand more than their valuation.

I guess this is sort of a cautionary tale when and if any of us with our vehicles ends up in an accident.

Doug

 

Doug,

Let's get this clear: Your Mom's Maid was driving her Car.....Someone ran into your Mom's Mercedes and bent the Left Rear Fender and busted the Tail Light. If that is correct so far, then the other Car's Insurance Company is USAA. OK? Then USAA is libel for your Mom's damages and can be sued, if you want...or you can settle the Claim just about anyway you want. They can't tell you what you will do, but you can tell them what they will do....Get their Claims Guy on the phone and tell him what you want out of the deal. If they complain, call a Lawyer. Let him tear them a new one, while you sit back and count the money he will earn for you....Count on it!

Billy Clyde in Houston.

Also, Doug, If the Maid is driving your Mom's Car that much, You should notify your Mom's Insurance Agent as to her Maid's Drivers information. She could have something "Cloudy" in the background!!

 

The helper driving the car is properly arranged with my mom's insurance. This is actually the first time she was driving the car without my mom being in it. The accident was presumably the other person's fault (guy had a truck and this was actually the second accident he had in a few weeks). I did not see the accident report so do not actually know who was listed as being at-fault. USAA is my mom's insurance company and I am not sure how this is going down but I did talk with someone there who stated the "total rule" was something out of their hands and dictated by California insurance rules.

To start with we intend on getting our own repair quotes from local independent shops. The quote she had gotten was arranged by the Mercedes dealer in Beverly Hills no less so you can imagine the cha-ching going on.

Doug

 

Doug,

I think somebody at the dealer or the insurer saw the damage and already has their eye on the salvage. It certainly looks like a minor repair.

Graham

 

Hey Doug,

Do you really want help or what?

Do you know what Company Insures the Truck Driver? If he is at Fault...His Insurance Company should be handling this Claim......Unless California is a No-Fault State......Is it?

Billy Clyde in Houston

 

I think California is a Fault car insurance state. My understanding is that it was the other party's fault and I am asking USAA (my mom's insurance) how and why they seem to be taking the lead. I looked over the estimate for repairs which looks ridiculous in that there are all sorts of things listed that either don't really have anything to do with the accident or are not really needed. In any case the first step will have to be to get some more realistic quotes from independent shops which, I am guessing, will be much less than the $4,200 the appraisal came up with.

Again, I shudder to think about what I will have to go through if I ever get into an accident with my Jaguar.

Doug

 

Doug,

I called another Agent Friend in California (LA) this afternoon and he told me that California is not No-Fault. So, what you should do is contact the Truck Driver's Insurance Company and turn-in a claim to have your Mom's Car fixed. They will have to pay to have the Car repaired and provide her with a Rent Car, while the Repairs are being made. Also, if the Maid was hurt, they will have to pay for her Medical expenses. You Mom should not have to pay one penny........No Deductible's as this is a Liability Claim....

Contact the Truck Driver's Insurance Agent to get it going....USAA shouldn't be involved in any way.....

I've been doing this for 43 years now....If you get hit in the rear there is no doubt that the Truck Driver is at fault!

Billy Clyde in Houston

 

Based on the info supplied here, Billy is correct, also if they don't settle soon your time is worth $
wj

 

Interesting twist to the story. Somehow my mom's helper did not get (was not given) info from the other driver but the vehicle he was driving was white truck used by the City of Beverly Hills or City of Los Angeles Fire Department. vehicle. She will be calling USAA to request a copy of the police report.

Doug

 

If the other vehicle was city owned you might be better off dealing with your insurance company and letting them argue with the city depending on what the report says.

I had that happen once where a city utility truck changed lanes into my right front fender. The police office who wrote up the report refused to fault the city driver and insisted it was a no fault accident even though the truck was still in my lane stuck into my car. Rather than argue with the police or the city, I had State Farm fix my car (subrogation), paid my $500 deductible, and let them argue with the city about it. Eventually I got my $500 back once State Farm got paid. Took almost a year.

 

^^ Pay attention to what he told you. Speaking from experience, that is indeed excellent advice. Especially if the "helper" was not savvy enough to capture the associated information from the at-fault driver at the scene of the accident....

 

Good points! Funny thing is that the driver of the City vehicle told my mom's helper that he had another accident just a week or so ago!! In any case she is pursuing trying to get hold of the police report. The particular intersection is one of the more confusing ones in that both streets are wide and the intersection is skewed.

In any case the objective is to NOT end up with a total/salvage assignment on the vehicle and to get it fixed. We are in the process of getting independent quotes to repair. Limiting the repair to just replacing the tail light (and any fender work necessary to do so) should hopefully reduced the estimate. The appraisal estimate done by/for USAA included such niceties as bumper recondition ($500), replacing trim strips, etc.

Doug

 

Doug, I'll jump in one more time here.
Get the police report, it will have the city truck number, call the city claims department and give them the case report and state you need your mothers car fixed to pass inspection and at her age a driver is best for all concerned.
My wife's Jeep's windshield was busted by a rock off a city trunk and she just got the number and time and called it in, fixed the next day.
As for you insurance company, find another one. They should have gone the extra mile as you are a long time customer (your Mon) and headed you in the right direction.
That company is just a consolidated insurance agent no matter what they say. We left State Farm after 50 years as they thought they could go up over $200 every 6 months over 2 years because of major storms. Guess they didn't want to touch the stock holders and bank money. Kind of thought that what insurance was.
Sorry just not a fan of a service company that works on a percentage profit, then claims to be looking after you. Hospitals and Power Company's come to mind.