My wife was just hit!
Quick legal lesson: When a 3rd party causes an accident as was the case, they are responsible for DV, that is the law in Tx and many other states.
If you cause the accident, then you are not entitled to DV. My wife was 0% at fault. The logic here is that my car was worth about 40-42K before the accident. Even if repaired properly, the car is now worth about $8K less. The law makes it very clear that since my wife was in no way responsible for the accident, that we are entitled to my cars original value of 40-42K, not a car that is valued at $32K.
Also, the rental car must be the equivalent of the car it is replacing. A $20 a day rental will not replace and E350. $20 gets you a Toyota Yaris. How does a yaris equal an E350 w/ the AMG package?
There is absolutely nothing in any way shape or form fraudulent about any claim I am making and what I seek is 100% supported by the law. Both insurance companies (but especially the other drivers') have made it very clear that they are going to do their best to not fulfill their responsibilities.
If you cause the accident, then you are not entitled to DV. My wife was 0% at fault. The logic here is that my car was worth about 40-42K before the accident. Even if repaired properly, the car is now worth about $8K less. The law makes it very clear that since my wife was in no way responsible for the accident, that we are entitled to my cars original value of 40-42K, not a car that is valued at $32K.
Also, the rental car must be the equivalent of the car it is replacing. A $20 a day rental will not replace and E350. $20 gets you a Toyota Yaris. How does a yaris equal an E350 w/ the AMG package?
There is absolutely nothing in any way shape or form fraudulent about any claim I am making and what I seek is 100% supported by the law. Both insurance companies (but especially the other drivers') have made it very clear that they are going to do their best to not fulfill their responsibilities.
Last edited by Dr_jitsu; Oct 5, 2010 at 08:57 PM.
Quick legal lesson: When a 3rd party causes an accident as was the case, they are responsible for DV, that is the law in Tx and many other states.
If you cause the accident, then you are not entitled to DV. My wife was 0% at fault. The logic here is that my car was worth about 40-42K before the accident. Even if repaired properly, the car is now worth about $8K less. The law makes it very clear that since my wife was in no way responsible for the accident, that we are entitled to my cars original value of 40-42K, not a car that is valued at $32K.
Also, the rental car must be the equivalent of the car it is replacing. A $20 a day rental will not replace and E350. $20 gets you a Toyota Yaris. How does a yaris equal an E350 w/ the AMG package?
There is absolutely nothing in any way shape or form fraudulent about any claim I am making and what I seek is 100% supported by the law. Both insurance companies (but especially the other drivers') have made it very clear that they are going to do their best to not fulfill their responsibilities.
If you cause the accident, then you are not entitled to DV. My wife was 0% at fault. The logic here is that my car was worth about 40-42K before the accident. Even if repaired properly, the car is now worth about $8K less. The law makes it very clear that since my wife was in no way responsible for the accident, that we are entitled to my cars original value of 40-42K, not a car that is valued at $32K.
Also, the rental car must be the equivalent of the car it is replacing. A $20 a day rental will not replace and E350. $20 gets you a Toyota Yaris. How does a yaris equal an E350 w/ the AMG package?
There is absolutely nothing in any way shape or form fraudulent about any claim I am making and what I seek is 100% supported by the law. Both insurance companies (but especially the other drivers') have made it very clear that they are going to do their best to not fulfill their responsibilities.
https://www.6speedonline.com/forums/...-accident.html
You may find particular value in ColoradoSilver's posts... he seems quite knowledgeable, as it appears to be his field of expertise.
Hey Mr. Testy I was trying to help you avoid putting your foot in your mouth.
Sean glad your wife is ok for the most part, hope she feels better soon.
On a side note, watching you and Paulie go back and forth is both entertaining and confusing. I cant tell if you guys are buddies or arch enemies.
Hope everything gets smoothed over ASAP.
Justin
On a side note, watching you and Paulie go back and forth is both entertaining and confusing. I cant tell if you guys are buddies or arch enemies.
Hope everything gets smoothed over ASAP.
Justin
Yes yes that one. I heard you are his only client. Dr. Ben Dover said you stop by daily.
Hope she is OK.
Now, one piece of advice.......
Her neck hurts......right? YES, her neck hurts.....ouch.
Make sure the insurance people know this. Let me know what your next upgrade is going to be on your car.
Now, one piece of advice.......
Her neck hurts......right? YES, her neck hurts.....ouch.
Make sure the insurance people know this. Let me know what your next upgrade is going to be on your car.
Not really a secret. They just can't quit each other.
Seriously though, a good attorney is what is needed.
Sean - make sure the wife is taken care of. Cars can be replaced.
Seriously though, a good attorney is what is needed.
Sean - make sure the wife is taken care of. Cars can be replaced.
Update: My wifes C4 and 5 discs are compressed and she is still having regular pain. She does have a lawyer and she is seeing a chiropractor 3-4 times a week. Her FP sent her to see a surgeon as well but she is very much afraid of surgery and it will be a last ditch option.
As to my car, my insurance comp (Amica) low balled the estimate, cutting me a check for $15K. However Sunil at Motorwerks said that there was much more extensive damage...especially major frame damage (so bad even the roof was bent) and furthermore, the engine is toast.
However my insurance company is refusing to believe that the engine is really damaged...is it time for me to lawyer up as well?
As to my car, my insurance comp (Amica) low balled the estimate, cutting me a check for $15K. However Sunil at Motorwerks said that there was much more extensive damage...especially major frame damage (so bad even the roof was bent) and furthermore, the engine is toast.
However my insurance company is refusing to believe that the engine is really damaged...is it time for me to lawyer up as well?




