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RearEnded today in OSIDE.

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Old May 3, 2007 | 07:00 AM
  #1  
sensez's Avatar
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Default RearEnded today in OSIDE.

My box is in the yard.

Mercedes rear-ended me easily doing 40mph.

=[ SAD DAY

In some pain as well...

I was having such a good day too...

E
Old May 3, 2007 | 07:10 AM
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hope you are alright, and everything will be okay. post some pictures!
Old May 3, 2007 | 07:28 AM
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hope everything will be ok!!! post pics!! :sigh: when the mercedes turn evil
Old May 3, 2007 | 07:34 AM
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surprisingly the rear of the box won the battle between

mercedes front end and xb rear end.
Old May 3, 2007 | 10:55 AM
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Damn Eric! Hope you're alright!
Old May 3, 2007 | 12:06 PM
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Hope your Ok bro...sorry to hear about your dilemma...
Old May 3, 2007 | 02:40 PM
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Thanks fellas.

I have no idea how insurance works as far as replacing my aftermarket parts...

Do they rebuild my car the way it was? or just ____ me in the ___...

E
Old May 3, 2007 | 02:44 PM
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depends, do they know of the aftermarket mods? if they didnt know about them they will prolly just rebuild it to stock. if u still have recipts maybe u can get them to pay for it
Old May 3, 2007 | 02:56 PM
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yeah, that guy hit you and his insurance has to pay to make you 100% whole again, stock or aftermarket. hopefully yeah, you have your receipts so they can't short change you and you have to pay the differences.

now if it was your fault, your insurance provide would only pay to restore your car back to stock unless your policy included additional coverage for aftermarket modifications.

also, if this guy drives a benz, he should be able to pay you for your pain and suffering.
Old May 3, 2007 | 06:32 PM
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Remember these words: Pain and Suffering--should be worth some extra mods........
Old May 4, 2007 | 05:49 PM
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I just got a call from my insurance...

The party who hit me in the rear accepted responsibility...

However, my aftermarket parts are not covered for some reason so I have i'm eating a loss for my exhaust, probably my suspension stuff...

Sucks...

Back to stock =[

E
Old May 5, 2007 | 03:24 AM
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horse$HIT! if you have your receipts and documentation of all your aftermarket parts, they have to pay them for you.

THEY HAVE DAMAGED YOUR PROPERTY AND IT IS THEIR JOB TO RESTORE YOUR CAR TO 100% THE WAY IT WAS BEFORE! IF THEY TELL YOU OTHERWISE, TELL THEM THEY'LL BE HEARING FROM YOUR LAWYER SOON, TALK TO YOUR INSURANCE PROVIDER AND TELL THEM!

when the dust has settled, you are supposed to walk away from all this as well off as you were before, they cannot simply restore your car back to stock and tell you that you are as well off as you were before they hit you. it is time to get aggressive!
Old May 5, 2007 | 06:21 AM
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^ maybe in a dream world.

unless he had those parts insured, the insurance company has no liability to replace them, why should they replace something that was not covered in the first place.

however, since the other party is liable, you can sue them.. "oo my back hurts.." that one gets ALOT of money.
Old May 6, 2007 | 12:21 AM
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well in fact my back does hurt... and some neck.

E
Old May 6, 2007 | 05:50 AM
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if sensez was at fault, and he didn't insure his aftermarket parts, then yes, his insurance provider is only obligated to restore his box to stock. BUT! since the other party has accepted responsibility for the damages that sensez has suffered to his box THEY MUST PAY ALL DAMAGES THAT THEY ARE RESPONSIBLE FOR!.

insurance covers up to a dollar amount property damages, they damaged his property. it doesn't specifically say "you will restore the other persons car to stock, select here to pay additional premium to cover other car's after market parts.

lets say sensez box had a custom paint job over 100%, he painted it pearlescent blue, very beautiful job that he paid alot for. he gets rear-ended, other party assumes fault, and says "we will pay to have your car painted back to stock black color it came from the factory with because that covers the damages you have suffered? NO! they damaged his expensive paint job, they pay to restore it.

they damanged his expensive aftermarket suspension and exhaust, they restore it. they have to pay for all damage they did to his property. his box, his exhaust and his suspension are all his property and they must pay to fix it all!

you follow me yet? is it clear? they don't just fix his car, they fix his property!
Old May 10, 2007 | 01:49 AM
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so any updates dude?
Old May 10, 2007 | 02:07 AM
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Originally Posted by sensez
I just got a call from my insurance...

The party who hit me in the rear accepted responsibility...

However, my aftermarket parts are not covered for some reason so I have i'm eating a loss for my exhaust, probably my suspension stuff...

Sucks...

Back to stock =[

E
I would say that they are responsible for aftermarket. Have YOUR insurance guy call THEIR insurance guy and say that they need to increase the settlement. Damage is damage is damage.

That is like saying someone ran a car through your new house addition, but they don't have to pay because you added that on to your original house.
Old May 10, 2007 | 03:12 PM
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draxcaliber:

thanks for the info bro. what you say makes sense, however when I tried to explain my concern to MY agent, she said if I wanted to do that, I (MYSELF) would have to do all the footwork and contact the responsible party's insurance and deal with it myself.

As for the box, it is at the shop, estimated damage close to 6k (to return to fact spec).

I don't know what to do at this point? Either get reimbursement or aftermarket parts put on, but I have not been given either option.

How should I go about dealing with this with my claim adjustor?

Feel free to call me 951 550 7920

Help is greatly appreciated.

Thanks

E
Old May 10, 2007 | 03:29 PM
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well, i'd tell your claim adjuster that thanks to his craptaculer performance, you'll be taking your business elsewhere. it is your insurance company's job to make sure that you are completely compensated for all the damages that you have suffered. it is there job to talk to the other insurance provider and get them to properly compensate you.

if i were you, i would gather up all the receipts for aftermarket equipment you had put in, and get an estimate of the cost to replace those parts.

or take the $6000 dollar estimate, and use it to repair the box to the way it was. but don't settle for setting it back to factory spec. that would be like if i just put a beautiful custom painted widebody kit on my tc, got hit on one side, and the other guys insurance provider restores to factory spec so i can drive around with half a wide body kit. that would not be proper compensation for damages.
Old May 10, 2007 | 05:09 PM
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i asked cynce since she sells insurance, not car insurance, but she said this

From my point of view - the person-at-fault's insurance should pay up to the max amount that his coverage is for and if there is still things to be paid for afterwards, then your friend's insurance should kick in to cover the rest. But, yes, I agree that they should be replacing all aftermarket mods as well - since those were on the car when it was damaged. He might have to provide the guy's insurance company with reciepts in order to prove it was purchased and installed on the car at the time of the accident. If he's still getting hassled - he might want to look into hiring an insurance attorney.

hope that helps some.



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