E-Class Accident
Hi Friends,
Yesterday a truck hit my car from side. Fortunately, we all in the car were unharmed but the car is not in healthy state.
The truck driver (I think) didn't see my car and just hit from side. I called police and they recorded the complete incident with photos from various angles. I also got some photos for my evidence (couple of them attached).
Since I am an ADAC plus member, with their help, I took my damaged car to a Mercedes Benz official workshop.
The insurance company of the truck was informed yesterday itself.
I have following questions about the next steps:
1. Is there a damage checker (gutachter) from Mercedes-Benz? Is it suggested to get one from Mercedes or an independent is preferred?
2. Based on the attached pictures, can anyone estimate the costs (+/- 20%) for the repair with original Mercedes parts?
3. Is it suggested to get a lawyer or insurance companies generally accept the arguments from common people (like me)?
Beste Antwort im Thema
Hallo
I have an update on the issue.
As informed earlier, I did apprach a law firm who handles the road accidents for my case.
In my case the truck driver didn't have a valid license to drive that truck and was caught by police red handed. Additionally, he was responsible for an accident.
Because he didn't have a valid license, he was taken to the court by police where they mentioned about my accident too. That process was separate from my accident case.
Once my law firm got the confirmation of the case by police against the truck driver and the papers of the same from the court, they suggested me to file a law suit against the truck driver, truck owner company and the insurance company (AXA Versicherung) of the truck driver.
Meanwhile, my lawyer suggested me to use my full insurance (vollkosko) to get my car repaired to limit the rent car costs. I did that becasue as per the lawyer that would have a positive point from my side if the legal process goes in front of the civil court.
I also requested by legal cost insurance (rechtsschutzversicherung) company for their confirmation to take up the cost of the legal process. It was important to have the confrmation because my law firm told me that the rechtsschutzversicherung have their own law experts and they would be ready to pay my legal costs only if they think that my case is strong. Once they gave their green signal to cover my legal costs, it was an indirect indication that my case was strong.
After the legal notice from my lawyer reached the insurance company of the truck driver they reacted within a couple of days and accepted to pay up all the costs! In fact within one week they paid all the costs (ca. 17500 € in all).
That means they accepted my argument without going to civil court.
I am now waiting for the confirmation from my insurance company of my insurance class for the next year.
It was important to have a rechtsschutzversicherung and hire a lawyer to do all the legal process. That helped me a lot!
Thanks on all of you for your kind inputs.
Thanks to Motor-Talk for making this platform available (also in English)!
Best regards,
Chinmay
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13 Antworten
Hello to the forum,
to 1: In the normal case, the workshop does not have its own experts, but provides an independent expert. This is also better for dealing with the insurance of the opponent. Do not accept an insurance expert. With the size of the damage, it is no longer trivial, so you are entitled to your own independent expert, which the insurance company has to pay.
to 2: As far as it can be seen in the pictures, the fender is to the front left, the front apron complete as well as the tire to renew. To do this, the bonnet must be trowelled and repainted (an exchange should not be necessary despite the aluminum version). The front-left headlights should be inspected and replaced for damage if they are damaged. In addition, the front left wheel suspension must be checked and, if necessary, repaired. The driver's door does not seem to be damaged.
All in all, it would cost around 4,500 EUR (if the headlight, the rim and the suspension are not to be repaired) at a Mercedes workshop. If everything is to be repaired you can expect around 6,600 EUR.
to 3: A lawyer is not absolutely necessary. The insurers also handle the damage directly with the person concerned. If the insurance company try to reduce the amount of damage, the involvement of a lawyer is an advantage. The opponent's insurance has to pay the lawyer by the way.
For the period when you can not use the vehicle, you will either be entitled to a compensation for the loss of use or the reimbursement of the rental car costs. In the case of the rental car, however, it must be noted that, as a rule, only one vehicle class lower is refunded. Here, the contact with the opposing insurance can help, which can usually arrange a suitable rental car. In addition, you are entitled to the so-called damage rescheduling (usually 20-25 EUR).
Should a (also mercantile) impairment remain in spite of the repair, then this must also be reimbursed. This will be determined by the expert.
Best regards
Peter
PS: I push the subject times in the appropriate area.
Thanks a lot... It helps.
I hope, the police report confirms that it was not my error.
Police reports never include statements about who is guilty or to what extent. They only summarize the facts and guarantee the identity of the people involved including witnesses. Statements about who is guilty are only made by judges.
Regards
Achim
Zitat:
Statements about who is guilty are only made by judges.
That is true, but it is importend if you are the person 1 (first in the formular) or person 2. Person 1 is the one, who (in the cops opinnion) caused the accident. No judgement, but a hint.
If you are an ADAC Plus Member, you can once talk to an ADAC-Partner lawyer for free. You can ask for it at the ADAC-hotline.
When the accident is not your fault, you can also take a lawyer and the other insurance has to pay for it.
But I suggest you, first to talk to the ADAC-Partner lawyer.
Zitat:
@Franjo001 schrieb am 20. Februar 2017 um 13:59:39 Uhr:
Zitat:
Statements about who is guilty are only made by judges.
That is true, but it is importend if you are the person 1 (first in the formular) or person 2. Person 1 is the one, who (in the cops opinnion) caused the accident. No judgement, but a hint.
We have got a document from police which says 'Beschuldigt wird Her XXX, den Unfall verursacht zu haben' (XXX = name of the driver)
It also says that I should be giving my personal details under No. 1.
Considering the above statement, I am a bit confused here, becasue I wasn't driving the car. I was on sitting next to the driver (my wife).
Anyway, I hired a gutachter and will be getting his cost estimate today. It seems that the front axel of the car is damaged. Along with the other damaged parts, it will be around 16000€ to get it repaired.
I am not sure if the insurance company of the truck driver will be paying that.
I have already talk to a lawyer who is expert in traffic related accidents.
What surprises us the most is: the truck driver / company has still not reported the accident to their insurance company.
If I understand it correctly, then unless he reports it himself nothing will happen.
Inspite of that we got the schadennummer from truck driver's insurance company. Is it any useful without him reporting the accident?
In Germany, we have the "Zentralruf der deutschen Autoversicherer", where you van ask about the other cars insurance for free and Information them.
https://www.gdv-dl.de/dienstleistungen/zentralruf-der-autoversicherer/
This Website is also available in english
Hi chinya,
I myself had an accident with a truck last autumn. Even in my case the truck owner did
not get it managed to report the accident to the insurance at all. I reported the accident
to his insurance directly after it happend, and so it took only much longer for his insurance
to decide. So after they did not get an answer about the accident from him the third time
after 4 to 6 weeks they continued to process the case based on my statements.
All in all it took about nearly 2,5 months to get the money based on the experts report.
regards,
Jürgen
Dear chinya,
regarding the 3 pics of the accident i would assume that the repair at a DB-Garage / Auto-Henne will cost around 4 k€ if nothing damaged at the left axis.
But looking in details on the flat tire and the reason for it, it could be discovered that there was most likely a high force in axial direction, which can cause big damage value in the complete geometrics of the frontal axis.
The estimation up to 16.000€ can become true if this is the case.
---edit Mod: No advertising in the forum ---
Pullwoman
Hallo
I have an update on the issue.
As informed earlier, I did apprach a law firm who handles the road accidents for my case.
In my case the truck driver didn't have a valid license to drive that truck and was caught by police red handed. Additionally, he was responsible for an accident.
Because he didn't have a valid license, he was taken to the court by police where they mentioned about my accident too. That process was separate from my accident case.
Once my law firm got the confirmation of the case by police against the truck driver and the papers of the same from the court, they suggested me to file a law suit against the truck driver, truck owner company and the insurance company (AXA Versicherung) of the truck driver.
Meanwhile, my lawyer suggested me to use my full insurance (vollkosko) to get my car repaired to limit the rent car costs. I did that becasue as per the lawyer that would have a positive point from my side if the legal process goes in front of the civil court.
I also requested by legal cost insurance (rechtsschutzversicherung) company for their confirmation to take up the cost of the legal process. It was important to have the confrmation because my law firm told me that the rechtsschutzversicherung have their own law experts and they would be ready to pay my legal costs only if they think that my case is strong. Once they gave their green signal to cover my legal costs, it was an indirect indication that my case was strong.
After the legal notice from my lawyer reached the insurance company of the truck driver they reacted within a couple of days and accepted to pay up all the costs! In fact within one week they paid all the costs (ca. 17500 € in all).
That means they accepted my argument without going to civil court.
I am now waiting for the confirmation from my insurance company of my insurance class for the next year.
It was important to have a rechtsschutzversicherung and hire a lawyer to do all the legal process. That helped me a lot!
Thanks on all of you for your kind inputs.
Thanks to Motor-Talk for making this platform available (also in English)!
Best regards,
Chinmay
Thank you for your feedback...
... and always have a good ride !
Pw
I was actually thinking about getting an electric BMW. But this is exactley what I am worried about. Did you have to pay anything up front at all whe the accident happened? How sattisfied were you with mercedes' customer service? I used to have a mercedes E 250 CGI before, but never had to use their service luckily.
Also, If I got that right, the truck drivers insurance was axa right? Which one was urs? Any helpful information regarding a useful e-car insurer?
I did find an insurance comparison page in english https://lp.joonko.de/en-car-insurance/
would be greatful for sharing your personal experience and view. :)